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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal history] On May 13, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Cheongju District Court on January 10, 2015, and the execution of the sentence was terminated on January 10, 2015. On June 8, 2017, the Incheon District Court sentenced one year of imprisonment with prison labor for an injury and became final and conclusive on December 15, 2017.
[Criminal facts]
1. Around July 20, 2017, the Defendant filed a complaint with the Incheon Southern District Public Prosecutor’s Office (163), “B, around May 14, 2016, at around 20:00, at the 49 Incheon District Public Prosecutor’s Office, submitted a false complaint with the Jung-gu Incheon District Public Prosecutor’s Office (A) to the effect that “B, at around 20:00, was inflicted with the complainant (A) at the time when the complainant was able to sit down within the Incheon Spojin-gun District Public Prosecutor’s accommodation D, the Defendant suffered injury with the inside of the complainant (A).”
However, on May 14, 2016, at around 20:00, the Defendant had been sentenced to imprisonment with prison labor for one year at the Incheon District Court on June 8, 2017 and was sentenced to dismissal of the appeal by the same court on October 13, 2017, and thus, the above accusation statement was a false statement on the part of the Defendant.
Nevertheless, the defendant reported false facts to B for the purpose of having the criminal punishment imposed upon B, and made a false accusation.
2. Around July 20, 2017, the Defendant filed a complaint with the Seoul Southern-gu Incheon District Public Prosecutor’s Office stating that “E and F jointly met with E and F, “E” in front of the Incheon Sporo GH hospital GH on May 14, 2016, at around 21:00, at the 49 Incheon Nam-gu Incheon District Public Prosecutor’s Office (“E and F,” and F used the face of the complainant (A), who was seated in the driver’s seat on the flapsing vehicle, to inflict injury necessary for six weeks of medical treatment, such as non-flaring, by assaulting the complainant (A) on drinking.”
However, facts E and F are true.