A. The Defendant (a factual mistake) did not make a false report to the effect that “D filed a false report in collusion with G and C on the charge of causing bodily injury by indecent act by compulsion,” on the ground that the Defendant did not have suffered injury by coercion by coercion, and that “D filed a false report in collusion with G and C on the charge of causing bodily injury by compulsion.”

B. The lower court’s sentence (exemption from punishment) against the Defendant is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the following circumstances are recognized.

① The Defendant was convicted on January 17, 2013 in the Suwon District Court Decision 2012 Gohap614, 2012 Goon 2012 Goon 25 (Joint) and attachment order case (hereinafter “the case resulting from the indecent act by compulsion”). Accordingly, the Defendant appealed against the Defendant on the ground of mental and physical disability and unfair sentencing on the ground of the lower court’s dismissal of appeal by the said court on May 3, 2013. The Defendant appealed on the dismissal of appeal by the said court on July 12, 2013, but on the same day, the final judgment became final and conclusive on the same day as the Supreme Court Decision 2013Do5766, 2013Do118 (Joint) was dismissed.

② At the investigative agency and court of cases involving injury by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act C, it is consistent with the statements made by the Defendant in detail.

③ The statements of witnesses G also conform to C’s above statements.

G is a person who was a customer in a singing operated by C, and G was stated in the investigative agency to the extent that he/she was living in the same kind and became aware of, and otherwise, C and G have no special relationship with C, and therefore, G's statement is credibility.

④ C and G made a statement to the effect that the Defendant prevented the Defendant from getting off his arms, thereby suppressing the resistance. On April 23, 2012, the day following the crime committed by indecent act by force.