무고
The prosecutor's appeal is dismissed.
1. In light of the following facts: (a) the Defendant’s conduct cannot be deemed to be an ordinary act of rape victim, (b) the Defendant’s conduct was difficult to be deemed to be a normal act of rape victim, (c) there was a financial difficulty in the Defendant at the time, and (d) there was a power to file a complaint of rape and receive the agreement by rape even around 2012, even though there was no rape with the Defendant, it can be sufficiently recognized that the Defendant filed a false complaint of rape and filed a false complaint of rape, even though there was no rape with the Defendant, and thus, the Defendant was acquitted.
2. On August 21, 2015, the Defendant submitted a written complaint to the effect that “The Defendant, the Defendant, at the Young-gu branch office of the Chuncheon District Public Prosecutor’s Office located in 53-gil, Young-gu, Young-gu, Young-gu, Young-gu, Incheon District Public Prosecutor’s Office, and that “The Defendant, C, on August 6, 2015, forced sexual intercourse, such as rape of the Defendant from the third floor emergency stairs near D’s new wall, and thus punished.”
However, in fact, the Defendant entered into a sexual relationship under the agreement between C and emergency stairs near C. Accordingly, the Defendant committed a criminal punishment for the purpose of having C receive criminal punishment.
3. Determination
A. The lower court determined as follows, comprehensively taking account of the adopted evidence, found the following circumstances, i.e., ① the Defendant and C did not have personal met with the exception of only D, and on the day of the instant case, it appears that there was no sexual assistant principal on the same day, but the Defendant actively responded to the sexual behavior of C, e.g., under the influence of alcohol.
It is difficult to see, 2. It is difficult to see that the Defendant was able to actively resist sexual acts, even though she was drunk on a new wall.
I am even see.