무고
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant misleads the victim D to the fact that he/she had a sexually related video recorded in D without his/her consent, or continues to keep a sexually related video on another computer, on the ground that he/she had "where there are three or more sexually related video images" from the victim D.
Since there was a possibility to mislead the defendant as to the existence and number of sexually related video images from time to time, D has reversed the statement, considering the fact that it is difficult to believe that there is another computer of D without the defendant's consent, and it led to the complaint of this case, since additional video images recorded by the defendant on another computer of D are believed to exist and that there was a false fact contrary to memory, the defendant filed a complaint against a false fact contrary to memory and filed a complaint against D.
shall not be deemed to exist.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence adopted and investigated by the lower court, the lower court determined that the Defendant reported false facts to public offices for the purpose of having D punished criminal punishment.
The decision was determined.
① The Defendant clearly perceived D’s sexually related dynamics at the time of photographing the camccoin (i.e., ‘V’ cambling or applying for a camping cambling, which divided conversations with D and cambling), and (ii) the Defendant was granted a camccoer from D to directly photograph D (Evidence No. 122 of the Evidence No. 3 of the Evidence No. 3). ② The Defendant’s balm pictures and motion pictures submitted are taken with the Defendant’s consent; (iii) the method and situation of photographing each motion picture as seen earlier; (iv) the method and situation of photographing each motion picture as seen earlier; and (v) the relationship with the Defendant at the time, etc. with the Defendant, it is unlikely that D might have a cambling motion picture without the Defendant’s consent.