All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was guilty of having sexual intercourse under the agreement with C, and there was no crime of rape, etc. against C. Thus, Defendant did not file a complaint against C with false facts.

In addition, there is no awareness that the defendant filed a false complaint with C in the process of disputing the crime of rape, etc. in the above case, and there is no awareness that he filed a false complaint.

2) Even if the sentencing is found to be guilty against the Defendant, the first deliberation sentencing (6 months of imprisonment) is too unreasonable.

B. The first deliberation sentencing by the Prosecutor is too uneasible and unfair.

2. Determination

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

Unless there are special circumstances acknowledged, the facts contrary thereto cannot be recognized (see, e.g., Supreme Court Decision 2009Do11349, Dec. 24, 2009). In light of the foregoing legal doctrine, the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court, namely, the fact that the Defendant committed rape or rape against C in the previous criminal case against the Defendant, and the judgment became final and conclusive (Seoul Central District Court Decision 2014Da486, Gohap 486, etc., Seoul High Court Decision 2014No3353, etc., Seoul High Court Decision 2015Do5048, etc.; Supreme Court Decision 2015Do5048, Dec. 24, 2009).

or it is difficult to adopt a factual judgment of conviction of the accused.

In this case, there is no clear evidence that conforms to the defendant's assertion has been submitted or new evidence has been presented after the above final judgment.