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

[criminal power] On August 22, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny and one year of suspended execution at the Incheon District Court, and the judgment became final and conclusive on the 30th of the same month.

【Criminal Facts】

The defendant and B are the Dong-dong residents who have been aware of the past.

Around April 10, 2018, the Defendant knew that B purchased 18 K cream from the Defendant is a fake, and known that B reported 112 on the charge of fraud to the Defendant, the Defendant was aware that it was 18 K cream.

On April 10, 2018, around 19:34, the Defendant made a statement to the head of the Incheon Metropolitan City Police Agency to the effect that “B was subject to a victim’s qualification investigation from F on April 13, 2018, and the head of the police station affiliated with the Incheon Busan Metropolitan City Police Agency D District D District Unit, which was dispatched on the site after having received B’s 112 report, and “B exceeded the inner body of his/her body and caused his/her fingers to punish B by inserting his/her fingers,” and “B was subject to a victim’s qualification investigation from F on April 19:48, 201, and the head of the police station affiliated with the Incheon Metropolitan Police Agency from April 10, 2018 to 18:05.”

However, in fact, the Defendant had been raped from B at the same time due to the relationship with B, such as receiving money from B while freely having sexual intercourse with B.

As a result, the Defendant reported false facts to the police officer for the purpose of having the above B punished punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of the investigative report (the analysis of suspect motor vehicles)-related statutes;

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

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation Criminal Act;