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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On March 12, 2013, the Defendant: (a) prepared a false statement of accusation that “C has sexually abused a complainant; (b) has punished C, a police officer working in the public service center of the Dongcheon Police Station in the Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do; and (c) submitted it to the police officer working in the public service center of the Dongcheon Police Station.”
On March 12, 2013, the Defendant stated that “The complainant was raped from C at the office of the Gyeonggi-do Police Station Ethical Ethra 16 Dong 402, on March 3, 2013 and the following day, on March 12, 2013, at the office of the Women’s Criminal Investigation Team, the Defendant stated that “The complainant was raped from C on March 3, 2013 and twice on the following day.”
On May 20, 2013 and July 9, 2013, the Defendant submitted a medical certificate to the prosecutor's office 224 of the government prosecutor's office where the above accusation case was being investigated. The Defendant suffered bodily injury due to the rape of C at the prosecutor's office 224 of the government prosecutor's office where the above accusation case was being investigated.
However, in fact, the defendant resided in C's house from March 3, 2013 to March 10, 2013, and had sexual intercourses over two occasions under agreement with C, and did not have been raped.
Nevertheless, for the purpose of having C punished criminal punishment, the Defendant filed a false complaint with the Sincheon Police Station as above, and brought C a false complaint.
Summary of Evidence
1. C’s legal statement;
1. Examination protocol of suspect C by the prosecution;
1. The police statement concerning F;
1. Criminal Complaint and the police statement of the defendant;
1. Application of Acts and subordinate statutes of each investigation report;
1. Article 156 of the Criminal Act applicable to the crimes;
1. Although the defendant is aged and has a severe mental disorder of Grade III, the criminal defendant seems to have suffered considerable mental pain due to the crime in this case when he was investigated for the suspicion of rape, and the defendant has already been sentenced to imprisonment for the same kind of crime.