A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The Defendant, at around 22:40 on October 10, 2016, at the toilets of 208, the “Del” located in Sincheon-si, Sincheon-si, for a sexual assault from E by walking a cell phone in 112.

The report was filed.

However, the facts showed that the defendant had sexual intercourses under the agreement with E, and that he had reported false facts as if he had sexual assaulted with respect to non-payment of money borrowed before E.

Accordingly, the defendant reported false facts of crime to E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made to A by the police;

1. 112 Reporting case handling table;

1. A response to a request for appraisal and a written appraisal;

1. Application of the Acts and subordinate statutes concerning CCTV images and caps photographs;

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

1. Statutory mitigation under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. The fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act in the suspended sentence reflects his depth on his fault, and that he was in an internal relationship;

In order to receive money from E, punishment shall be determined as ordered in consideration of the fact that it is possible to take into account the motive by committing a crime by drinking and contingently, the investigation procedure for E has been completed early, and E does not want to be punished by the defendant, and there is no criminal record against the defendant.