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

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

Punishment of the crime

On March 6, 2016, the Defendant appeared at the office of a female juvenile in the Ulsan Southern Police Station and a female juvenile investigation three team office, and stated to the effect that “B was raped by having been forced from the room No. 22 to 23:00 on the same day from March 5, 2016 to 22:00 on March 5, 2016, and having been forced to complete pressure for ten minutes from the room No. 422 in Ulsan-gu, Ulsan-gu.”

However, in fact, the Defendant had sexual intercourse by drinking while drinking the chests, etc. from the time of the instant singing together with B, and there was no fact that B had been rape by suppressing the Defendant’s resistance.

Nevertheless, the defendant reported false facts to B for the purpose of criminal punishment, and made a false accusation against B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (the contents of cell phone messages as a result of digital evidence analysis);

1. Article 156 of the Criminal Act and the choice of punishment for the crime;

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] Class 1 (In general, from January to one year) in the mitigation area (the person subject to special mitigation] / confession [the decision of sentence] in the case where the defendant was sexually ill-incompetented by sexual intercourse with the victim B (hereinafter referred to as the "victim") who was sexually ill-incompetent, and was raped by the victim;

In light of the nature of a false crime and the degree of expected punishment, the contents of a false accusation are significant, and sex offenses are often made in many cases where there is no witness or any other objective evidence except the victim, and thus the victim's false statement seriously disturbs the function of criminal justice, and thus, it is very unfavorable.

However, the defendant.