A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On December 13, 2019, at around 09:00, the Defendant filed a complaint with the public service center of the Incheon Southern-dong Police Station located in 668, Namdong-gu, Incheon, Nam-gu, Incheon, and with respect to B, the Defendant filed a complaint with the purport that “B, the Defendant, was quasi-rapeed by a person who was drunkly drunk in the near the Michuhol-gu Incheon, Yan-gu, Incheon, on December 7, 2019.”

On the same day, the Defendant continued to make a statement at a female juvenile juvenile and office in the Incheon Southern Police Station, and made a statement to the victim, “Around December 7, 2019, the police officers affiliated with B drinking alcohol in a singing room and getting off the mind of drinking drinking, following the vehicle B and then lost the mind of drinking in a singing room, but the Defendant was in a her own sexual intercourse with B, who was discharged from all clothes.”

However, in fact, the Defendant had entered the guest room with B at his own will, and at the time, the Defendant did not lose his mind by drinking alcohol, and thus, B did not have raped the Defendant by using the status of the Defendant’s mental disorder or the state of failing to resist.

Nevertheless, around December 13, 2019, the Defendant submitted a written complaint to the public service center of the Incheonnam Police Station, stating such false facts, to the police officer belonging to the above police station, and made a false statement to the police officer on the same day.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement by the prosecution against C;

1. The police statement of the defendant;

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

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Statutory mitigation (self-confluence) under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The types of recommendations according to the sentencing criteria;