무고
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal (the misunderstanding of legal principle) can be sufficiently recognized even though the defendant was sexual intercourse with B under the agreement of the prosecutor, and the defendant was unlikely to have been quasi-raped in the state where he was bread by drinking alcohol.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which acquitted the Defendant of the facts charged in this case.
2. Determination
A. A. Around May 4, 2017, the summary of the facts charged in the instant case was as follows: (a) the Defendant, along with B, drinked alcoholic beverages to a hotel at around 23:00 on the same day; (b) was locked after having sexual intercourse; (c) however, it was false that male and female job offering C was sexually raped between the Defendant and the Defendant by drinking up to the above hotel; and (d) the Defendant, who met B with C and the Defendant, filed a complaint against the crime of intimidation, etc.
The Defendant had had his honored with respect to a false report to B.
On May 10, 2017, the defendant prepared a false complaint with respect to B at the Busan Dong-dong Police Station located in the Busan Dong-dong, Busan.
The written complaint was that “I, from May 4, 2017 to March 3, 2017, I complained of the charge of quasi-rapeing A, the complainant of which is the state taken by the Defendant B from 11:0 p.m. to 3:00 p.m. D hotel in Thaiwon.”
피고인은 이후 2017. 5. 14. 서울용산경찰서에서 조사를 받으면서 “호텔에 어떻게 들어갔는지도 기억이 나지 않고 이후에 잠이 든 것 같은데 누군가 몸을 만지는 느낌이 들어서 깼는데 그 분이 음부를 입으로 하시고 손으로도 만지고 관계를 했어요. 술이 너무 취해서 몸도 못 가누겠고, 혐의가 인정되면 처벌을 원한다”라고 진술하였다.
However, in fact, the defendant entered a hotel together with B and did not have been raped from B in a state of diving.
Nevertheless, it is not appropriate.