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Defendants shall be acquitted respectively.
Reasons
Judgment on the issue of false accusation
1. On March 201, 201, the Defendant, while serving as a entertainment receptionist at the Seocho-gu Seoul Eju shop in Gangnam-gu, Seoul, was in a knife another male in a relationship with the F, who was aware of the work as a entertainment receptionist, was willing to file a complaint with F in order to arrange the relationship with F.
Around May 16, 2011, the Defendant submitted a written complaint to a public official in charge of civil petition affairs stating that “F, the Defendant, was forced to have sexual intercourse with the complainant who, on May 16, 2011, would not want to do so at the home of the complainant in Gangnam-gu Seoul, Seoul, at around 15:30, for the purpose of having F subject to criminal punishment at the public service center of the Gangnam Police Station in Gangnam-gu Seoul, Gangnam-gu, Seoul, Seoul, and around May 16, 2011, the Defendant forced the complainant to do so at the home of the complainant in charge of civil petition affairs, and around May 16, 2011, at the center of the victims of School Violence in Songpa-gu, Songpa-gu, Seoul, the Defendant was punished for forced sexual intercourse with his/her hand after being sealed with the complainant in his/her house and laying off his/her clothes with other hand.
“...........”
However, the facts are that the defendant had sexual intercourse with F voluntarily from the defendant's house located in Gangnam-gu Seoul Metropolitan Building 103 Dong 904, 103, 904, and F did not have sexual intercourse with F by assaulting or threatening the defendant.
As a result, the defendant raised a false complaint with the aim of having F 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, and the requirement that the reported fact goes against the objective fact requires positive proof. The crime of false accusation is established only by the passive proof that the authenticity of the reported fact cannot be recognized. The establishment of the crime of false accusation is established by concluding that the reported fact goes against the objective truth.