A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On February 7, 2016, the Defendant was a person working as a department store food department shop, and around 01:00, the Defendant drinked alcoholic beverages with C and others, including C, working at the same department store, and then drinking beer in the Defendant’s house located in Suwon-gu Busan, Suwon-gu, and sexual intercourses and divings with each other under mutual agreement.

In this regard, around the same day, male-friendly E visiting the defendant's house at the time of the same day reported that the defendant and C exceeded clothes and she was able to enjoy in the same bed, and that C was inflicted an injury upon C, and around February 10, 2016, C was assaulted by E to the Busan Southern Police Station, and was accused of the crime of injury of E as the crime of injury.

Around 10:00 on February 12, 2016, the Defendant: (a) at the Busan National Police Agency, the Busan National Police Agency located in Seo-gu, Seo-gu, Busan National University Hospital, 179, and (b) at the Busan National Police Agency, the facts were sexual intercourses under the agreement with C, and (c) even though C was raped by the Defendant who was under the influence of alcohol, C filed a complaint against the Defendant for the crime of injuring the Defendant’s male-gu E, and was subject to criminal punishment; (b) at the same time, C was subject to criminal punishment against the Defendant for rape; and (c) at the same time, the police officer of the Busan National Police Agency, at around 02:00 on February 7, 2016, with the aim of having the Defendant be subject to criminal punishment against the Defendant for rape, C exceeded and forced sexual intercourse with C’s clothes contained in Suwon-gu, Busan National Police Agency D while under the influence of alcohol.

As a result, the defendant reported false facts to the police for the purpose of having criminal punishment imposed upon the police, and made a false accusation C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Application of the police statement law to the defendant;

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

1. Article 62(1) of the Criminal Act on the suspension of execution (the following extenuating circumstances are considered for the reasons for sentencing).