A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The Defendant was aware of B from September 2010 to October 2018, and the Defendant’s husband came to know of the relationship with B from around that time to around 2018, and was willing to file a complaint with the purport that B raped the Defendant.

On January 23, 2019, the Defendant filed a complaint with the Defendant at the Women’s Juvenile Department Office of the Gwangju Southern Police Station located in Gwangju, Gwangju, 74-5, stating that “Around March 2011, the Defendant filed a complaint with the effect that “A around March 201, he/she was raped from B by drinking alcohol and drinking alcohol for a period of time and drinking alcohol and drinking alcohol for a period of time, and having been raped by drinking alcohol, and around June 201 and around June 2016, the Defendant punished rape from B, respectively.”

However, in fact, the defendant was sexual intercourses under mutual agreement with B, and there was no rapes from B.

As a result, the defendant reported false facts to the investigation agency for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal complaint prepared by the defendant;

1. The police statement of the defendant;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

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 of the Criminal Act to mitigate confessions;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment] the general accusation [the category 1] (the special sentencing person] mitigated factors: Voluntary confession [the scope of the recommended area and the scope of the recommended punishment] mitigated areas, one month to one year;

3. Determination of sentence [Incompetence]less crimes cause unnecessary waste of human resources of criminal justice agencies and cause serious pain to the victim.