A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant around June 2016, at the D's law office located in Yangcheon-gu Seoul Metropolitan Government, ordered attorney E to prepare a false complaint against F.

A written complaint was that "F demanded a sex relationship five times on September 17, 2015, by forcing the defendant to enter into a sex relationship, and forced him/her to do an act for which he/she is not obligated, and F to take the part of the defendant's sexual flag against his/her mobile phone from October 27, 2015 to around 28, because F took the part of the defendant's sexual flag without permission of the defendant from the hotel to the mobile phone without permission of the defendant."

However, on September 2015, the Defendant had a relationship with F from around November 2015 to around November 201 of the same year, so there was no fact that he was forced to sexual intercourse by assault or intimidation from F, and in response to F’s request that he want to take the Defendant’s sexual organ on a cell phone, F had F take the Defendant’s sexual organ.

Nevertheless, on June 30, 2016, the defendant, at the Incheon Jung-gu Office of Public Service of the Incheon Jung-gu Police Station, 237, had the attorney-at-law staff submit the above written complaint to the police officer in distress. On August 11, 2016, the defendant appeared at the first team office of the Incheon Jung-gu Office of Economic Police Station and stated to the same effect as the above written complaint.

As a result, the defendant made F a false accusation for the purpose of having F punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Copy of the statement made by the police against the defendant;

1. Application of Acts and subordinate statutes to copies of complaint;

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the crime. Article 156 (Selection of Punishment of Imprisonment);

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of false accusation is a crime that undermines the proper trial function of the State’s penal authority, and causes a person who is in danger of being subject to unfair criminal punishment, and requires strict punishment.