Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around December 15, 2010, the Defendant drafted a false complaint against the victim C at the Stosaw Support Center located in Ulsan-gu, Ulsan-do.
At around 03:00 on December 15, 2010, the criminal defendant filed a complaint, stating that "the defendant forced the complainant to capture his chest at the Da restaurant in Ulsan-gu, Ulsan-gu, and forced him to commit the above act by the defendant's own chest, the complainant and kis, the complainant prompts the defendant's sexual organ, and the complainant continued to have the defendant's sexual organ, the defendant's sexual organ over the bed, kis, forced the complainant and kis, and forced the complainant's chest, and forced the complainant's chest to go off, and forced the complainant's will to go off, and so, the defendant committed the above act by the public service center around December 15, 2010." The defendant submitted the above crime to the public service center at the time of the defendant's voluntary act by the defendant's own guardian.
Accordingly, the defendant reported false facts to public offices for the purpose of having a criminal punishment imposed on others.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol regarding C;
1. Police investigation report (general);
1. Application of the statute on filing of a complaint to the defendant
1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;
1. Articles 157, 153 and 55 (1) 3 (Confession) of the Criminal Act for statutory mitigation;
1. Article 57 of the Criminal Act including days of pre-trial detention;
1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal records of probation or heavier) ;