The defendant shall be innocent.

1. On November 28, 2015, the Defendant, at around 01:00, engaged in drinking together with the victim E, who became aware of through hosting, in his/her own residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 407, and carried out his/her own house.

At around 04:50 on the same day, the Defendant: (a) provided that he was unable to take a sexual intercourse with each other while drinking alcohol and attempting to saluting salute; (b) provided that he was sexually assaulted against she; (c) provided that he was sexually assaulted against she; and (d) made a false statement to F, who was called her phone after diving, was saluted by her salute and was saluted by her salute; and (c) reported 112 on the same day by having the F reported her sexual assault to 112; and (d) provided that she was sexually abused to her police box belonging to the Seodaemun-gu Police Station that was called after receiving a report on around 05:18 on the same day.

A false statement and continued to be dispatched to the site, and sexual assault was committed to the staffJ, etc. of the I Team of the Seodaemun Police Station.

The victim made a false statement and made a false accusation.

2. In the crime of false accusation, a written report shall be voluntary and a false statement made by an investigative agency, etc. does not constitute a crime of false accusation. However, whether a statement by a witness was made due to an investigation agency, etc. shall be determined by taking into account the developments leading up to an investigation, the facts suspected of an investigation, and the relevance of a witness’s statement (see Supreme Court Decision 2005Do3203, Dec. 22, 2005, etc.). As to the instant case, the public health unit: (a) the Defendant informed F of his rape by telephone to the effect that the Defendant himself was raped; (b) the Defendant was urged by telephone to enter his seat; (c) the Defendant’s telephone demand was sought, and (d) the Defendant’s speech that the Defendant was raped by E at the Defendant’s night, and then the Defendant’s speech was returned directly to the police officer dispatched after receiving the report by telephone.