A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 27, 2017, the Defendant drafted a written complaint with respect to C at the Gyeongbuk-dong Center located in 17, Chungcheongnam-dong, Nam-gu, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do.

A written complaint states that "A around September 4, 2017, c off the clothes of the defendant, forcedly laid off the defendant's body in the unmanned telecom room, laid down the defendant's body body, frightened the defendant's body in the drafting of the defendant's person, and continued to put the defendant's sexual organ into the defendant's body, and was punished by inserting the defendant's sexual organ into the defendant's sound book," and the defendant was in a relationship with the defendant at the time.

Under the agreement with C, sexual intercourse was made.

Nevertheless, on the same day, the defendant submitted the above complaint to the police officer who is unable to know his name at the Gyeongbuk Sea Center on the same day.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the defendant, D, or E;

1. Complaint;

1. Recording notes;

1. Application of Acts and subordinate statutes to a report on investigation (as to the attachment of suspect vehicles and black photographs);

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

. Unfavorable circumstances: A crime of false accusation is a crime that interferes with the proper exercise of the State's penal authority or disciplinary authority and causes a person who is in danger of unreasonable criminal punishment or disciplinary action, and requires strict punishment. Until the recording of the voice recording of the defendant and the victim's relationship is made, the specific circumstances of the investigation agency are false, tending the victim's relationship with the defendant and the victim, and the circumstances favorable to the point that the person is killed for rape: