A defendant shall be punished by imprisonment for a period of five months.

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

Punishment of the crime

The defendant was in the relationship of E with E.

On June 6, 2016, the Defendant suffered sexual assault from E from a police officer at the Seaba Center located in Young-si, Suwon-si, Suwon-si on June 6, 2016.

In making a report, “E, from July 2014 to August 8, 2014, off the clothes of the defendant in the E-gu FV apartment, and raped the defendant at the E-house around March 2016, and taken the flag as a mobile phone and spread it around that time.

Intimidation: (a) around May 8, 2016, the Defendant’s clothes locked at Gelel located in Suwon, forced off the clothes of the Defendant, and the Defendant was raped even though he refused to engage in sexual intercourse; and (b) continued rape from E at the police station of Suwon-gu, Suwon (Seoul) on July 11, 2016; and (c) on July 26, 2016, the Defendant was raped from E with the aforementioned contents.

A false statement was made.

However, on May 20, 2016, the Defendant thought that he reported the H message sent by the male and female job offering E in the party room and sent the message containing a serious humiliation, such as the “Cyp,” to E, and on the ground that this message was sent to the Defendant by this E, the Defendant made a false report to the Defendant with the same content as above, and the Defendant was in a relationship with the Defendant.

There was no rape from E.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes to reflect on a crime submitted by the person against whom the crime was committed (a photographic and H-cape data);

1. Article 156 of the Criminal Act and the choice of punishment for the crime;

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

1. The criminal offense of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is the criminal whose mental suffering is expected to be suffered due to the defendant's false report by E, which may endanger the proper judicial function and trial function of the State.