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

피고인은 2019. 1. 31. 14:00경 울산 남구 법대로 45에 있는 울산지방검찰청 민원실에서, B에 대하여 형사처분을 받게 할 목적으로 ‘B이 2019. 1. 25.경 집에 가려는 피고인을 따라 나와 택시에 태우고 으슥한 곳에 내리게 하여 C모텔로 데리고 가서 피고인을 강제로 간음하고, 2019. 1. 27.경 피고인의 착오 기재로서 경찰 제2회 조사시 2019. 1. 26.로 수정 피고인을 만나자고 유인하여 택시에 태워 모텔로 데려가 거절하는 피고인을 강제로 간음하였으니 강간죄로 처벌하여 달라’는 내용의 고소장을 제출하였다.

However, on January 26, 2019, the Defendant met or came to know B from F, which is a branch of E, located in the Southern-gu, Ulsan-gu, U.S. D1 floor, and on January 25, 2019, around 23:30, the Defendant did not engage in a sexual intercourse with B by having drinking alcohol and drinking alcohol from the above singing room to the Ulsan-gu, Ulsan-gu, U.S., U.S., which is nearby, with the consent of the Defendant. On January 26, 2019, the Defendant did not engage in a sexual intercourse with B again from the H restaurant located in Ulsan-gu, Ulsan-gu, U.S., U.S., on the second floor of the same building.

Nevertheless, the defendant filed a false complaint and brought a false complaint to B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to accusation forms, certificates of transaction, common deposit passbooks and copies of savings deposit passbooks, loan certificates, and notarial deeds;

1. Article 156 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for confession and mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act;

1. The case is again one of the grounds for sentencing under Article 62-2 of the Social Service Order Act, despite the record of punishment due to Defendant fraud, document forgery, etc.