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 two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant drinks alcoholic beverages at around 23:00 on June 1, 2019 by using the word "B (Nam, 24 years of age) and nicotine", and the defendant drinks with a sexual intercourse under the agreement in Seoul Special Metropolitan City, Nowon-gu C Hotel D around 01:0 on June 2, 2019.

After the Defendant had sexual intercourse, the Defendant was born with a view to falsely reporting that he was raped from B while having been absent the hotel with a view to overcoming a view to applying mutatis mutandis the principle of no taxation and the principle of no taxation and the principle of no taxation.

Around 06:00 on June 2, 2019, the Defendant filed a written report with the purport that “B was raped from B” by telephone from the above hotel, and on the same day, at the Nowon Police Station located in Nowon-gu, Seoul Special Metropolitan City, the Defendant made a statement to the effect that “B had sexual intercourse with the Defendant who was unable to resist at the time of being drunk at the above hotel at around 01:0 on June 2, 2019,” and made a statement with the same content as “B was raped by having sexual intercourse with the Defendant who was unable to resist at the time of being drunk at the above hotel at around 01:0 on June 7, 2019.”

However, the facts did not, however, have been raped from B by having sexual intercourses under the agreement with B.

As a result, the Defendant reported the above false facts with the aim of having B criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (second time);

1. Copy of each protocol of suspect examination of the police as to B;

1. Copy of the police statement against the defendant;

1. The written statement of the defendant;

1. Application of the Acts and subordinate statutes on mobile phone photographs;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not very good, the fact that the defendant is the primary offender, the defendant confessions and reflects the crime from the investigation stage, and the defendant's age, character and conduct, environment, and crime.