A defendant shall be punished by imprisonment for six 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 May 19, 2019, around 04:47, the Defendant reported to the effect that “B. drinking alcohol is with the escape of No. C, and I want to commit sexual assault,” by phone call from No. 112 in the Busan Jin-gu B building C, Busan, the Defendant reported to the effect that “I want to commit sexual assault.”

그러나 사실 당시 피고인과 함께 있던 D은 피고인으로부터 폭행을 당하여 112신고를 하였고, 이에 피고인이 대응하여 위와 같이 허위 신고를 한 것이며, D이 피고인을 성폭력 하려고 하였거나 손으로 피고인의 젖가슴을 움켜쥔 사실이 없었다.

Nevertheless, on May 19, 2019, the Defendant reported 112 as above, and stated that “At the time D was seated immediately right next to the port,” at the Busan Police Station's Women's Office and the Women's Office at the Busan Police Station's Office located in the Busan Jin-gu Busan, the Defendant stated that “I would have been damaged by indecent act on the part of the port.”

Accordingly, the defendant reported false facts to public offices for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommendation punishment [Type 1] and the basic area of the non-permanent accusation [the scope of the recommendation field and the scope of the recommendation punishment] in general [the scope of the recommendation field and the person who is a special person], and six months to two years.

3. The offense of false sentencing is not only likely to result in a risk of being subject to unfair criminal punishment, but also serious crimes that impede the function of the State to criminal justice, which are the necessity of strict punishment, the fact that the defendant is against the defendant, the fact that the defendant does not have any criminal record exceeding the fine, and the defendant's age, character, character, environment and motive for the offense.