무고
The defendant shall be innocent.
1. On October 14, 2013, the Defendant prepared a complaint stating false facts that “A, the Defendant was sexually abused the Defendant at the dwelling place of the Sindong-gu, Suwon-si, Suwon-si, 206 Asian University Hospital,” and the facts were sexual intercourse and rape under the agreement with C, despite the fact that C had not been sexual intercourse, the Defendant made a false statement at the support center of the Sinnam-gu, Gyeonggi-do, 201, and then filed a false complaint stating that “C, the Defendant of which was the Defendant, was sexually abused the Defendant at the dwelling place of the Sinsung-si, 7 Do 201, Da Da 3, 201, around October 14, 2013.” On the same day, the Defendant made a statement at the support center of the Sinnam-gu, Gyeonggi-do, stating the above purport to B, and filed a false complaint against C.
2. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, a false report refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and thus, the crime of false accusation is not established in a case where the contents of a complaint are not false facts, but are somewhat exaggerated in the circumstances based on the facts.
(2) Each statement at C’s investigative agency and court, which are evidence to prove the facts charged of the instant case, is a statement that C had sexual intercourse with the Defendant at the first police station, and that C had sexual intercourse with each other under mutual agreement after the former statement that the Defendant was aware of the facts, and that C had sexual intercourse with the Defendant under mutual agreement under the influence of alcohol, and that F introduced the Defendant to women’s friendly women, rather than her f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’