무고
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal filed a false report to the effect that the Defendant had sexual intercourses against the Defendant’s will despite having sexual intercourses under the agreement with E.
Although the above act of the defendant constitutes a crime of false accusation, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The lower court: (a) reported false facts by the Defendant in light of the content, etc. of sexual acts conducted between the Defendant and E;
On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.
Comprehensively taking account of the circumstances found by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts as alleged by the prosecutor.
3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.