The defendant's appeal is dismissed.

1. The summary of the grounds of appeal 1) Although the Defendant had not committed a crime against D, such as rape, robbery, kidnapping, confinement, etc., the Defendant filed a complaint against D, and D was subject to criminal punishment as stated in the judgment below.

Accordingly, the Defendant accused D as a crime of false accusation, and the lower court, on the ground that the Defendant committed the above crime, rather, dismissed D.

The decision was determined.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. The fact that a criminal judgment already became final and conclusive on the same factual basis as a judgment on the same factual basis as that on the assertion of mistake is material evidence, and it is difficult to employ a judgment on the facts in the criminal trial

Unless there are special circumstances acknowledged, facts contrary to the above cannot be acknowledged (see Supreme Court Decision 2009Do11349, Dec. 24, 2009). The defendant asserted the same purport in the original judgment, and the lower court, in accordance with the above legal doctrine, has a criminal intention against the defendant.

The decision was determined.

Considering the circumstances cited by the lower court and the following circumstances found by the evidence duly admitted and investigated by the lower court, it is justifiable to find the lower court guilty of the facts charged of this case.

1. The Defendant was not obliged to engage in a factual sexual intercourse with the Defendant to G.

It seems that “I have heard from G that the words were immediately known to the purport that they were “,” and that D had been accused of committing a crime without accusation (the 33th page of the investigation record). As to this, D stated that G did not have made the said remarks (the 102 pages of the investigation record) (2) However, G’s statements are difficult to accept in the following point.

G was investigated by the defendant as a chain between the defendant and the defendant, and the investigation of the defendant was conducted, contacted with D first through J Messen.

G taking into account the relationship between G and the defendant and the situation at the time of the defendant, G is an objective point of view.