A defendant shall be punished by imprisonment for six 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 November 23, 2016, at around 17:37, the Defendant reported to the effect that “The Defendant was raped from C on November 23, 2016 in a singing room located in the Jung-gu Daejeon District, Daejeon, Daejeon, 19:00, and was investigated as a victim’s status at the Daejeon Sea Center located in the Daejeon-gu, Daejeon, Daejeon, Daejeon, as a culture, around 19:00, the Defendant made a statement to the effect that “A member who was a customer from the “D Singing Practice Center” located in Daejeon, located in Daejeon, was forced to get off his/her seat, and was raped by inserting his/her sexual organ after her panty was laid off along the panty.”

However, in fact, the defendant was only a sexual intercourse with C under the mutual consent of C, and C did not commit rape against the defendant refusing to engage in sexual intercourse.

Nevertheless, the Defendant reported 112 to the police to the effect that she was raped as above, and made a statement to the same effect at the Maritime Center.

Accordingly, the defendant brought C without prison labor for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to E and F;

1. Statement made by the police against the defendant (second time);

1. A record of CCTV images and recording;

1. Application of the Acts and subordinate statutes governing the initial measures to be taken against rapes, reporting on the 112 Reporting and Handling 11;

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) 3 of the Criminal Act mitigated by law;

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

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant’s false accusation that impedes the appropriate exercise of the State’s criminal justice or disciplinary authority, resulting in waste of investigation power; the Defendant was at risk of being investigated by an investigative agency and being subject to unfair punishment; and resulting in considerable mental suffering.