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

On October 9, 2015, at around 03:10, the Defendant reported to the effect that “the Defendant was raped from D” by phoneing to 112 near the C convenience store located in Geumcheon-gu Seoul Metropolitan Government, and stated to the effect that “D went into the house to get off D” for police officers dealing with reported cases, such as police officers E, who called at the site, forcedly went into the house to go back to D, and even though D refuses to do so, he/she was forced to go off his/her chest, and forced to go back to himself/herself even though he/she was forced to go to go into a sexual intercourse, but forced to go back to punish D because he/she was trying to have a sexual intercourse again.”

However, the fact that the defendant was trying to engage in a sexual intercourse under the agreement with D and did not have a sexual intercourse, and that D was forced to be exempted from the clothes of the defendant or attempted to have a sexual intercourse even though the defendant was refused to do so.

Accordingly, the defendant reported false facts to D with the aim of having D punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Copy of a summary statement prepared by the defendant;

1. A investigative report (CCTV analysis);

1. Records of cases (written opinions, written statements, etc.) 2015-11679;

1. Application of Acts and subordinate statutes on non-prosecution decision;

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

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

1. Article 62 (1) of the Criminal Act (i.e., confession and the first offender);

1. It is so decided as per Disposition on the grounds of the mitigated area (one month to one year), the mitigated area (special mitigation) (one month to one year), the self-denunciation and confession of persons under Article 62-2 of the Social Service Order Criminal Act (the scope of recommending punishment).