A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who served as the head of the E Hospital operated by D in Dongjak-gu Seoul Metropolitan Government as the E Hospital.

Around September 25, 2013, the Defendant: (a) at the public service center of the Dongjak-gu Seoul Metropolitan Government Nowon-gu Seoul Metropolitan Government Nowon-gu, the Defendant: (b) prepared a complaint stating that “I would be subject to sexual assault from Defendant D at the F hotel before the month; (c) would punish the Defendant; and (d) on September 26, 2013, the Defendant appeared in the Seoul Dongjak Police Station as the complainant and was under investigation; (b) on September 26, 2013, the Defendant stated to the effect that “The Defendant was under the influence of alcohol in the F hotel located in Yongsan-gu Seoul Metropolitan City, and was sexual intercourse with the Defendant at around September 12, 2013 at around September 26, 2013; (c) on September 4, 2013, the Defendant was sexual intercourse with the Defendant, even though the complainant expressed his intention of refusal in the mutual incompetel located in Yongsan-gu Seoul, Seoul, with the intention to punish the Defendant.”

However, on August 26, 2013, the facts were merely a sculatory intercourse under the agreement of the defendant and D, and even around September 4, 2013, there was no sexual intercourse with the defendant under mutual agreement. D had sexual intercourse with the defendant, or forced rape with the defendant by taking advantage of the state of sleep under the influence of alcohol or by force.

Accordingly, the defendant filed a false complaint with D for the purpose of having D punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints of the accused;

1. Each statement made to A;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to the suspect interrogation protocol of the public prosecutor as to D (including the defendant's statement);

Article 156 (Selection of Imprisonment or Imprisonment)

1. Articles 153 and 55 (1) 3 of the Criminal Act (Voluntary mitigation);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] from January to one year (the special mitigation factors considered as "a confession", "a general mitigation factor", and "no record of criminal punishment"] (whether suspended sentence is suspended or not).