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The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
Reasons
1. The complaint of this case where the defendant was forced to commit an indecent act by C is false and constitutes a false accusation. However, the judgment of the court below which acquitted the defendant as to the facts charged of this case is erroneous in the misapprehension of facts.
2. The facts charged in this case and the judgment of the court below
A. On August 17, 2015, the Defendant prepared a false complaint with respect to C at the Integrated Support Center for Victims of Sexual Violence (Papo Central Hospital) of the South Korean National Police Agency, which was located in Yeongdeungpo-si, Chungcheongnam-si, Mapo-si.
The complaint filed "C, around March 20, 2015, committed an indecent act, such as that the defendant's custody into the pantyel located in the lower court around March 20, 2015, was drunk, or that the defendant's hand was stored in the Defendant's panty.
“The content of “” is the same.
However, in fact, C did not have committed an indecent act against the Defendant at the her motherel, and did not leave the Defendant into the telecom, and around September 2014, it was difficult for the Defendant to resist while the Defendant was on board C in the vehicle driven by C.
In addition, there was a fact that the defendant went back to the telecom, and the defendant came back again in this place.
Nevertheless, around August 17, 2015, the Defendant submitted a written complaint to a slopeD at the Integrated Support Center for Victims of Sexual Violence against the Korean National Police Agency, the Korean National Police Agency, and filed a complaint with the aim of having C be subject to criminal punishment.
B. The lower court’s judgment, on the premise that even if some of the objective facts are included in contravention of the lower court’s objective truth, if it is merely an exaggeration in the circumstance, it does not constitute a crime of false accusation, there is an error in the time when the Defendant committed an indecent act at the time of the Defendant’s enemy, and C consistently has been her knick with the Defendant’s her her butt with his/her hand
Since the statement in the complaint was made, the defendant was acquitted on the ground that the defendant cannot be found guilty in the purport that the contents of the statement in the complaint are merely an exaggeration of circumstances.
3. Determination on whether a deliberation was made
(a)an accusation;