A defendant shall be punished by imprisonment for not more than ten 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

From around December 2012, the Defendant got a sports dance to B and became a resistant relationship with B, the wife of B came to know of the above fact and raised a false complaint with B. Also, C, which was in a de facto marital relationship with the Defendant, was sexually rapeed not by the defect, but by having been raped from B.

On February 13, 2013, the defendant prepared a false complaint with respect to E Apartment 103 Dong 1402 Dong, the house of the defendant in Supo-si D.

The gist of the accusation was that “the complainant B, who was the Defendant, was raped by threateningel located in Gela F around January 21, 2013 on the 23:30, 2013, by threatening the complainant B’s arms with her hand, and preventing the complainant from driving, and by threatening the complainant’s arms at Gela located in Young-gu, Young-gu, Young-gu, Seoul from around February 14:00 on February 7, 2013.”

However, in fact, B did not have assaulted or threatened the defendant, and had sexual intercourse under the agreement with the defendant.

Nevertheless, the defendant submitted the above complaint to the police officer who is unable to know his name at the police station in the Maghae-dong on the same day.

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

Summary of Evidence

Defendant’s legal statement, prosecutor’s protocol, and application of the Acts and subordinate statutes of the accusation

1. Relevant Article 156 of the Criminal Act for the crime. Article 156 (Consideration of Imprisonment: Consideration of the fact that the details of false criminal complaint have been raped, and the fact that the police investigation conducted with respect to B has been conducted by false statements inside the police investigation conducted with respect to B, etc.;

2. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

3. The suspended execution has cancelled the complaint of the crime under Article 62(1) of the Criminal Code, and the fact that the complaint has been rejected.