A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 2015, the Defendant, at the D Office of the General Legal Office No. 502 of Seocho-gu Seoul Metropolitan Government C Building, had F attorney-at-law know of the circumstances, prepare a false complaint against E using a computer for the purpose of having E subject to criminal punishment.

The written complaint states, “A, the Defendant Nonparty E, raped A, a complainant in the Section “H” located in Dongjak-gu Seoul Metropolitan Government on July 7, 2015 on or around July 20, 2015, and around July 8, 2015, he/she punished A, a complainant, who was raped at the her motherel located near the entrance of the Seochocheon-dong Seoul Metropolitan Government, Seoul Metropolitan Government.”

However, fact that E was sexual intercourse only with the defendant under the agreement of the defendant and did not commit rape.

Nevertheless, on September 2, 2015, the Defendant had F attorney-at-law submit a false complaint to the Seoul Central District Public Prosecutor's Office located in 158 as the distribution of Seocho-gu Seoul Metropolitan Government.

Accordingly, the defendant submitted a false statement to a public office and made a false statement to E.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Statement made by the prosecution against the defendant;

1. Statement made by the police against the defendant;

1. A complaint;

1. Application of Acts and subordinate statutes governing recording records;

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 mitigate confessions;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [Scope of the recommended punishment] Type 1 (General Dismissal) (one month to one year) (the person subject to special mitigation] taking part in the crime by force or threat, etc. of another person, and the self-denunciation and confession;

2. The sentencing guidelines are based on the following factors: (a) the Defendant was the first offender; (b) the confession of a false accusation; (c) the Defendant’s husband’s strong pressure appears to have been prevented from committing a false accusation; and (d) the Defendant’s age, sexual conduct, environment, motive and consequence of the crime; (c) the relationship with the victim; and (d) the circumstances after the crime.