The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant: (a) was aware of the fact with the mother F from time to time while maintaining a shesheshesheshesheshesheshed in the instant charges; and (b) subsequently, F filed a divorce lawsuit against E; and (c) subsequently, E raped himself/herself.

The purpose of this article is to make false complaints.

On June 2016, the defendant, at the Seocho-gu Seoul Metropolitan Government G and the H office of the law firm, had E prepare a false written complaint about E through a lawyer for the purpose of having the criminal punishment imposed upon E.

The contents and facts of “Defendant E, a minor, forced off the clothes of the complainants, who are shelshes in I City/Do, from around June 2013, and had sexual intercourse with the complainants, and has been raped several times at the place of the house from around May 2016.” As above, the Defendant had sexual intercourse under the agreement with E, and there was no fact that E had raped the Defendant.

Nevertheless, on June 24, 2016, the Defendant submitted the above written complaint to the police officer who is unable to know his name in the public service center of the Si-Yan Police Station at the 513 Si-Yung-gu Police Station in order to submit the written complaint through the lawyer.

As a result, the defendant was committed for the purpose of having E criminal punishment.

2. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition. Thus, the requirement that the reported fact goes against the objective truth requires positive proof, and the crime of false accusation cannot be established by concluding that the reported fact goes against the objective truth solely with the passive proof that the authenticity of the reported fact cannot be recognized (see, e.g., Supreme Court Decision 2005Do4642, May 25, 2006). Therefore, in order to recognize the establishment of the crime of false accusation in this case, the defendant is sexual intercourse in agreement with E.