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 16, 2016, the Defendant was raped with the purpose of having C receive criminal punishment in the residence of Ulsan-gu B, Ulsan-gu.

“After making a report on 112,” a police officer dispatched “Rape from this person.”

“In the end, C reported that she had raped himself/herself.”

In this fact, on March 15, 2016, the previous day, the Defendant was in line with C while drinking mixedly at the main station near Ulsandong-gu, Ulsan-do, and later, C was in line with C while drinking mixedly. After that, C was in line with C’s residence, the Defendant was in a sexual intercourse with C under the agreement with C, and there was no rape.

In the end, the Defendant reported a false fact to the police officer dispatched after receiving 112, and filed a false report to C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against the defendant;

1. Voluntary accompanying report;

1. Each photograph;

1. Each report on investigation;

1. Application of the main sentence and the Acts and subordinate statutes of a response to a request for appraisal;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] Class 1 (In general dismissal) (one month to one year) [the person subject to special mitigation] self-denunciation and confession [the decision of sentence] under the following circumstances and the defendant's age, sex behavior, environment, etc., the punishment as ordered shall be determined in consideration of all the conditions of sentencing, including the defendant's age, criminal behavior, environment, etc.

The injured party did not prosecute the accused in spite of the accused's complaint, and the accused led to a confession and reflect on the crime.

The crime of this case was committed during the period of suspended execution by rape with respect to the sex relationship according to the agreement, and the criminal defendant was committed during the period of suspended execution.