Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

A The points of communication and the defendant B shall be acquitted.

A. Defendant A (1) The lower court did not explain the grounds for recognizing the facts charged and the grounds for rejecting the Defendant’s assertion in the judgment. In so doing, the lower court erred by failing to attach the grounds for the judgment.

(2) Since it is clear that Defendant A was raped from B, it cannot be deemed that Defendant A reported false facts, and since it is clear that Defendant A had sexual intercourse against Defendant A’s will, not rape, it does not constitute a false fact that constitutes a crime of false accusation, since it is merely a exaggeration of fact, and Defendant A only stated the fact in the police, and there was no awareness that Defendant A was rape, and the judgment of the court below which found Defendant A guilty was erroneous and adversely affected the conclusion of the judgment.

(3) In light of the legal principles, Defendant A did not file a complaint with the investigative agency B, and only asked the police officer’s question whether to punish him, and even if Defendant A’s act does not constitute the elements of a false accusation, the court below erred by misapprehending the legal principles on the crime of false accusation, thereby affecting the conclusion of the judgment.

(4) The sentence of one-year imprisonment sentenced by the lower court against Defendant A is too unreasonable.

B. Defendant B’s imprisonment with prison labor for 6 months and 2 years of suspended execution, which was sentenced by the lower court against Defendant B, are too unreasonable.

C. The sentence imposed by the prosecutor by the court below against Defendant A is too unhued and unreasonable.

2. Determination:

A. Before determining the grounds for appeal by the Defendants and the Prosecutor, we examine ex officio the part concerning Defendant B and the part concerning Defendant A among the part concerning Defendant A, and the Constitutional Court on February 26, 2015.