A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 8, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Southern District Court on September 28, 2017, and the execution of the said sentence was completed on September 28, 2017. On April 24, 2019, the Daejeon District Court was sentenced to two years of imprisonment with prison labor and one million won of fine. On July 17, 2019, the Supreme Court became final and conclusive to dismiss the appeal.

(In addition, the Defendant reported on April 2, 2018 that he raped himself, but was accused of the accusation from B and was accused of a criminal trial, which led to the accusation from B, and the Defendant was willing to file a false complaint against B.

On January 2, 2019, the Defendant drafted a false complaint stating that “B taken sex-related video images without his/her permission, which he/she had been punished on April 2, 2018, even though he/she taken sex-related dynamics in consultation with B,” which read “B taken sex-related dynamics without permission.”

On January 28, 2019, the defendant submitted a written complaint to the Daejeon District Prosecutors' Office, which was prepared by mail, at the Daejeon Correctional Institution located in the Daesung-gu, Daejeon District Prosecutors' Office.

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

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. Police seizure records;

1. Investigation report (report on confirmation of screen pictures of suspects);

1. Previous convictions in judgment: Application of statutes as a result of confirmation of criminal records and Konet case;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant, prior to the reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, filed a complaint for a false accusation and received punishment two or more times, and the previous offense in its judgment was committed during the period of repeated crime, and is consistent with the vindication of obvious facts. In light of the above, it is necessary to punish the Defendant strictly.

However, the latter part of Article 37 of the Criminal Act.