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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.
Reasons
Punishment of the crime
On February 12, 2017, the Defendant: (a) prepared a complaint from the Women’s Juvenile System of the Ulsan-gu Police Station stating that “B saw B with her kis and was raped on February 7, 2017; and (b) made a statement at the seat that “B threatened B with her with her kis; and (c) forced him/her to go off his/her clothes; and (d) made a statement to the effect that he/she was raped with her for five minutes by her arm by cutting off his/her arms.”
However, the Defendant: (a) proved that he had sexual intercourse with B in a resistant relationship without any specific force; (b) had filed a complaint in a state that is not good between B and B; and (c) had not been raped by threatening, threatening, or threatening the use of, the complaint.
Nevertheless, the defendant brought an accusation against B with the aim of being subject to criminal punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written complaint filed, the police statement made against the defendant (one time, and the list Nos. 2);
1. Application of Acts and subordinate statutes to each protocol concerning the examination of suspect B (1, 2 times) to the police;
1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)
1. A confession of the mitigated area (one month to one year) of the sentencing criteria [the scope of the recommended punishment] and the mitigated area (one year from January to one year);
2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:
The favorable circumstances: The fact that one's mistake is divided and reflected, the confession has been made from the investigation agency, and there has been no previous conviction.
E. Unfavorable circumstances: (a) mobilization of a judicial body to a dispute over private life causes waste of the State’s function; and (b) the crime without accusation is regarded as the crime of rape.