The defendant shall be innocent.

1. On January 11, 2015, the facts charged by the Defendant stated that “A de facto marital relationship is found in the Defendant’s house, drink and drink, sexual intercourse, and take them back to the Defendant’s house on the date in which D is in a de facto marital relationship,” and stated that “A request for punishment for punishment was made” was included in the complaint, stating that “D’s sexual violence part was also included in the complaint that “D’s sexual intercourse is forced to be sexual intercourse (e.g., drinking and drinking) and threatened to send them to children by taking them taken by the Defendant’s house located in Pyeongtaek-si.”

Although there is room to see the police investigation on the same day, it recognized the part of sexual relationship under the agreement with D, and stated to the effect that only the part of sexual intercourse recorded without his/her consent should be punished.

On January 12, 2015, the defendant prepared a written complaint using a test color pent, and submitted the written complaint to police officers whose name is not known, at the investigation office and office of the fourth-story Police Station located in Pyeongtaek-si central office of Pyeongtaek-si, 67, the above written complaint.

However, in fact, the defendant had taken the face of sexual intercourse under the agreement with D, and did not have taken the face of it.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

2. Determination

A. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, the term “a false report” refers to a case in which the reported facts violate the objective facts, dolusent or dolusent recognition and reports, and even if the reported facts

Even if there is no awareness of the falsity, there is no intention for it.

B. We examine the video of this case (hereinafter “the video of this case”) where the witness D’s investigative agency and the witness D’s statement in this court and D’s dynamic sexual act (a grammatic disturbance) with the Defendant.