A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 2015, the Defendant came to know of B from smartphone “B”, and came to have a sense of view, and had a sexual intercourse under the agreement. However, on June 2015, the Defendant became aware of the fact that B did not go through the examination of the Defendant, and became aware of it.

On August 6, 2015, the Defendant submitted a letter of complaint to the police officer in charge of juvenile investigation team at the Seoul Western Police Station located in Jung-gu Seoul Central District, Seoul Central District, 40-10, on August 6, 2015, stating that “A, the Defendant Nonparty B, who was forced to capture and rape, the complainant who attempted to break out from the cel on March 1, 2015, was sexually punished.”

On August 23, 2015, at the office of the Nowon-gu Police Station, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City Investigation Team for Victims of Sexual Violence, the Defendant stated that the police officer in charge D in charge of the investigation team for victims of sexual assault at the Nowon-gu Police Station, Nowon-gu, Seoul Special Metropolitan City, stated that “The Defendant Nonparty B forced the complainant who resisted from the motherel in a private home on March 1, 2015 and forced rape.”

However, the facts were that the defendant and the above B had sexual intercourse under mutual agreement.

In this respect, the defendant committed a criminal punishment against B with the aim of having the above B punished.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] Article 62-2 of the Act / [the scope of punishment] Article 62-1 of the Act : the basic area (6 months to 2 years): the sentencing range compared with the sentencing range and recommendation range: June to 2 / [the sentence] Article 6-2 of the Act : the crime without a sentence is committed not only by a criminal justice agency’s waste of unnecessary human resources, but also by causing serious damage to the accused, but also by the exercise of a wrong state penal authority. In particular, it is necessary to punish the crime with severe punishment.