around 04:00 on December 15, 2015, the Defendant: (a) at E’s house located in Yangcheon-gu Seoul Metropolitan Government D, sent E and sexual intercourse; and (b) sleeped sleep with E; (c) there was no violence or intimidation from E; and (d) there was no sexual intercourse against the Defendant’s will.

Nevertheless, at around 05:55 on the same day, the Defendant reported to the effect that he was subject to sexual assault by 112 on the same day, and stated to the effect that “E was subject to punishment because he was forced to get off his clothes and sexual assault,” he was sent to the Seoul Yangcheon Police Station F Team Assistant G after receiving a report at around 07:00 on the same day.”

Around 15:00 on December 21, 2015, the Defendant stated to the effect that “Around 15:00, the Seoul Yangyang Police Station, located in Yangcheon-gu Seoul, Yangcheon-dong, Yangcheon-gu, Seoul, refused to comply with the foregoing G slope’s demand for sexual intercourse on the ground that he was a disturbance, but E was placed on her own lying away from his clothes and forced to be subject to punishment.”

Accordingly, the defendant reported false facts to the police station for the purpose of having E criminal punishment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement to E by the police;

1. The police statement of the accused;

1. Application of Acts and subordinate statutes, such as a letter of complaint, recording, investigation report (Attachment to an USB storage device containing a video file), attached USB, copy of a voluntary dynamic report, copy of the report, and copy of the report, and copy of the investigation report;

1. The defendant and his/her defense counsel's assertion regarding the pertinent Article of the relevant criminal facts and Article 156 of the Criminal Act regarding the determination of the defendant and his/her defense counsel's assertion that: (a) the defendant found himself/herself in his/her body without memory with sexual intercourse under the influence of alcohol and was quasi-rape, thereby making the defendant believe that it was true and reported, and there was no criminal intent to commit a crime.

According to the records, the defendant's sexual intercourse at the time of this case's sexual intercourse.