A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal record] On June 8, 2006, the Defendant was sentenced to eight years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) at the Seoul Southern District Court on February 21, 2014, and was released on August 1, 2016 during the execution of protective custody and custody disposition after the execution of the sentence was completed at the Daejeon District Court. On April 26, 2017, the Defendant was detained by the Seoul Central District Court for a violation of the Act on the Protection and Observation of Specific Offenders and Electronic Monitoring, etc. and is currently pending in the trial of the first instance.

[Criminal facts] around 04:20 on April 10, 2017, the Defendant was killed in E-si operated by D in front of Jongno-gu Seoul Metropolitan City, Jongno-gu, Seoul and moved to 4 Myeon-dong in Jungdong-gu, Seoul.

The defendant, upon arrival in the vicinity of the above destination, did not pay KRW 10,400 to D and escaped from the taxi without paying KRW 10,400 to D, and committed assault to D while driving away the defendant in the process, and upon D's report, the defendant got an investigation from the police due to the suspicion of assault, the defendant was willing to file a false complaint against D with D with the suspicion of sexual assault, etc.

around 14:30 on April 10, 2017, the Defendant submitted to the Seoul Northern Sea Center located in Dongdaemun-gu Seoul, Dongdaemun-gu, Dongdaemun-gu, Seoul, a false complaint stating that “D, from the back seat of the taxi driven by D at the new wall time on April 10, 2017, she laid off the clothes of the Defendant, puts the Defendant’s sexual organ into the Defendant’s port, inserted him/her his/her sexual organ into the Defendant’s mouth, brupt the Defendant’s sexual organ with his/her hair, and she was sexual intercourse between approximately 30 minutes of the Defendant’s sexual organ with the Defendant’s head, including the Defendant’s rain.” However, D did not have inferred the Defendant as above.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Legal statement of the witness D;

1. A written complaint and a written statement;

1. Video CDs recorded in E-si Trabbbling boxes;

1. A gene appraisal report;

1. The Defendant’s assertion of the Defendant’s response to the request for appraisal is determined.