무고
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal No. C (B B before the opening of the statement: E) filed a complaint with the Defendant that he/she raped from May 2012 to February 19, 2013.
However, among the above complaints filed by C, the Defendant only filed a false accusation against rape until February 15, 2013, and did not file a false accusation against the complaint regarding rape on February 16, 2013 and on the 19th day of the same month.
Nevertheless, the judgment of the court below which found the defendant guilty of the crime of false accusation on the ground that the rape on February 16, 2013 and the 19th day of the same month was also a complaint filed by C, is erroneous in the misapprehension of facts, which affected the conclusion of
2. Determination
A. On March 11, 2013, the summary of the facts charged in the instant case filed a complaint with the Defendant that “the Defendant invaded upon the residence of the Defendant on February 16, 2013 and on the 19th day of the same month, and rape C,” which led to the Defendant’s accusation of C with no accusation, to act in favor of the investigation and trial against himself.
Around October 25, 2013, the Defendant drafted a written complaint stating that “A, who is the Defendant, was punished for committing a crime of intrusion upon residence and rape” with a black pension at the Gangnam Police Station in Gangnam-gu Seoul, Gangnam-gu, Seoul.
However, in fact, the Defendant invaded upon C’s residence on February 16, 2013, and rape once after suppressing her chest, her chest, and her quibram to her therb, and sexual intercourse with C around February 19, 2013, and at around February 19, 2013, the Defendant her was sexual intercourse with C, with the view to having her chest and her therb, etc. upon intrusion upon C’s residence, and at the same time, her was sexual intercourse with C one time after suppressing resistance. As such, C did not have committed the Defendant.
Nevertheless, around October 25, 2013, the Defendant submitted the above written complaint to the Assistant D at the Gangnam Police Station around October 25, 2013, and was present at the investigation of the Gangnam Police Station and the economic team office around November 1, 2013 and stated to the police officer for the same purpose as the written complaint.
Accordingly, the defendant is aimed at having C receive criminal punishment.