The prosecutor's appeal is dismissed.

1. According to the statements of B in summary of the grounds for appeal, the contents of B and B in the currency and message, and the details of the defendant's report, it is recognized that the defendant recognized the falsity and reported as a criminal intent.

Nevertheless, the lower court which acquitted the Defendant of the facts charged of this case has erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. According to the summary of the facts charged in the instant case and the reasoning of the lower judgment, the lower court determined that “The Defendant was raped on September 9, 2017 and on November 9, 2017, around 09:00 on November 9, 2017, by the police officer E at the Seoul Southern Police Station D police station D on the same day for the purpose of having the police officer punished, notwithstanding the fact that the Defendant was quasi-raped or has not been raped by B.

“Report” was made to the effect that it was “.”

As to the facts charged in the summary of “”, on the grounds that the Defendant, at the beginning of September 2017 and the beginning of October of the same year, had sexual intercourse with B while under the influence of alcohol with respect to the crime of non-rape, and was unable to memory the fact of sexual intercourse, and that as to the crime of non-rape with respect to rape on or around November 9, 2017, B had sexual intercourse with the Defendant in a relatively active and strong manner with respect to the crime of non-rape, the Defendant might have thought that B used the Defendant under the influence of alcohol or had sexual intercourse against his will, and there is no other motive to dismiss B, on the sole basis of the evidence submitted by the prosecutor, the Defendant reported the same as the facts charged with recognizing the falsity of the reported fact beyond the exaggeration of the circumstantial circumstances for the purpose of having the Defendant subject to criminal punishment.

It is insufficient to conclude it, and on the grounds that there is no other evidence to acknowledge it, it was judged not guilty by the latter part of Article 325 of the Criminal Procedure Act.

(c)

The following circumstances, which could be known in accordance with the review decision record, are as follows: