무고
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, who was aware of the fact, was sexually sexually raped by C, and was not guilty of false facts.
B. The sentence of the lower court’s unfair sentencing (three years of probation, protection observation, and community service order 120 hours in one year of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The Defendant asserted the same purport in the lower court’s judgment.
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the court below held that the Defendant was in a relationship with the Defendant.
C A. A. B. having been raped under the Defendant’s understanding, even though he committed an act, such as injuring the Defendant’s body.
The report of false facts by reporting C and false facts;
As can be seen, the facts charged of this case can be fully convicted.
The defendant's assertion was not accepted in the judgment.
1) The Defendant asserts to the effect that he was not related to C. However, according to the investigation report (the analysis of monetary records between the Defendant and C) (the page No. 308 of the investigation record), the fact that the Defendant sent to C over 290 times from April 21, 2015 to November 15, 2015 is confirmed, and even according to the statement of 112 reported case processing statement (the page No. 119 of the investigation record), it includes the content that the Defendant “at the time of reporting so far as it is too difficult, so far as it is too difficult,” and as otherwise alleged by C, it appears that the Defendant had a relation with C at the time of reporting.
2) According to each of the 112 Report Processing Statement (No. 119 of the investigation record), recording recording (No. 152 of the investigation record), and investigation report (No. 119 of the investigation record), the Defendant did not make any statement to the effect that he was subject to sexual assault, including similar rape, from C at the time of reporting.
3) The Defendant first from C on April 14, 2016.