A defendant shall be punished by imprisonment for not less than eight 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.

Criminal facts

On April 24, 2015, the Defendant submitted a false complaint that he/she had been raped with the intent to have C punished by a penal punishment at the police station in Busan Metropolitan City, 66, Jeon Man-gu, Mag-ro, Jeoncheon-gu, and was present at the Integrated Support Center for Victims of Sexual Violence in North Korea prior to the same day and prepared a statement to the effect that “A, at around April 23, 2015, was under the influence of alcohol from E located in Mag-gu, Mag-gu, Mag-gu, Mag-gu, Mag-gu, Mag-si, and was sexual intercourse once by inserting his/her panty and panty with his/her panty character inserted”.

However, the fact is that the defendant found in the above room operated by C and she was off clothes first and taken off C's sexual organ as hand, and C did not have sexual intercourse with the defendant.

However, the defendant submitted a false complaint to the above police station, and made a false statement to the police officer belonging to the above center and made a false statement to C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of the written complaint, records of victims of sexual assault, and each request for appraisal and reply statute;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered as favorable reasons among the reasons for sentencing), there are many cases where the victim’s statement is the sole evidence and there is a high possibility that the victim’s conviction may be sentenced to severe punishment. Therefore, there is a high possibility of criticism for false reporting on sexual crimes such as the instant crime, and the fact that the Defendant escaped during trial is disadvantageous.

The defendant who has no record of punishment heavier than one fine has been sentenced to punishment, and the defendant later repents his mistake, and the other party to the appeal will be able to take the action against the defendant.