A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On April 9, 2018, the defendant prepared a false complaint with respect to B at the public service center of the branch police station located in 165, Sungnam-si, Sungnam-si.

A written complaint states, “B, around 18:00 on March 10, 2018, exceeded the clothes of the Defendant’s clothes in the front room located in Sungnam-si, Sungnam-si, and the Defendant was forced to do so, and the Defendant was forced to put the Defendant’s body on the bed and put the Defendant’s sexual organ into the bed by placing the Defendant’s body so as to refuse a sexual intercourse, and completed a bath at the above guest room, and was forced to put the Defendant’s body on the bed and put the Defendant’s sexual organ into the part of the Defendant’s sound,” and the Defendant was sexual intercourse under agreement with B, and there was no fact that the Defendant raped the Defendant.

Nevertheless, the defendant submitted the above complaint to police officers who could not know their names at the above time and place.

As a result, the Defendant reported false facts to public offices for the purpose of having them sentenced to criminal punishment B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes to filing of a complaint, written withdrawal of a complaint, and criminal investigation reports (data submitted by a suspect);

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

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

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

1. The scope of recommendations on the sentencing criteria (the scope of recommendations) types 1 (General Dismissals), the mitigation area (one month to one year), the self-denunciation and confession of persons subject to special mitigation);

2. Determination of sentence [Public Prosecutor’s Opinion] 2 million won [Judgment] 4 months of imprisonment with prison labor, and dismissal for one year of suspended sentence not only actively infringes on the state’s criminal justice function, but also causes the other party who does not commit the crime to be subject to criminal punishment.