A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal record] On January 14, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for rape, etc. by the Seoul High Court, and the said judgment became final and conclusive on January 22, 2016.

[2] On February 17, 2014, the Defendant committed an indecent act by force against E on February 17, 201, and committed an indecent act against E on April 18, 2014. However, on April 1, 2014, the Defendant was placed at the Mapo Police Station in charge of quasi-rape and forced indecent act to file a complaint with E on April 1, 2014. At the same time, the Defendant had had psychological pressure upon E during the investigation process and had the intent to receive favorable disposition in the investigation and trial.

Accordingly, on May 22, 2014, the Defendant: (a) prepared a false complaint stating the following: (b) at the law firm B office located in the seventh floor of the Seocho-gu Seoul Metropolitan Government F Building; (c) “Defendant E does not have been subject to forced indecent act by the complainant; (d) was punished for quasi-rape and forced indecent act despite having sexual intercourse with the complainant; and (e) was sent by mail to the public service offices of the Seoul Local Police Agency located in the Jongno-gu Seoul Metropolitan Government 31-ro 8-gil, Jongno-gu Seoul Metropolitan Government Office.”

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against the defendant;

1. A complaint;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act (i.e., confession and agreement with the victim) in the suspension of execution;