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

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

Punishment of the crime

On March 12, 2017, at around 21:46, the Defendant reported to the effect that D was subject to sexual harassment before several months from D by phone calls from the Defendant’s cell phone for the purpose of having D receive criminal punishment at the Defendant’s house located in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and reported to the effect that D was subject to criminal punishment. On October 20, 2016, at the women and office of the Sungnam-gu Police Station located in Seongbuk-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) around 22:54 on the same day, the Defendant was raped by the Defendant at the FPC located in the direction behind the gas charging field of Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), and the Defendant was forced to engage in sexual intercourse at around 20, 2016, and thus, was found to have been deprived of the Defendant’s sexual intercourse.

However, there was no fact that D had threatened the defendant with the kitchen, with the consent of the defendant, put the fingers in the inner part of the defendant, and sexual intercourse with the defendant.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol (No. 1 of the evidence list) to G (tentative name)-related statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. All of the sentencing conditions indicated in the records, including the fact that the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act revokes the complaint immediately after the crime was committed, the defendant reflects the mistake, and the defendant has no criminal history exceeding the fine.