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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts B was conducted as if it had been at the scene even if it was not actually located in the case site, and in the Fju 3 room, the defendant was found to have been present at the seat of D, and the defendant was found to have observed indecent conduct against D.
Since the defendant's complaint is aimed at pointed out this point, it does not constitute "an act of making a false accusation and without any intention to make such accusation against the defendant."
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the evidence duly admitted and examined by the court below and the court below, the following facts can be acknowledged.
1) On December 24, 2015, the Defendant was indicted with the Suwon District Court C on the following grounds: “On October 21, 2015, the Defendant: (a) placed the psychotropic drug in the K cafeteria into the hym 808 rosp content; (b) sent the victim D (hereinafter “victim for convenience”); (c) placed the victim in the state of mental disorder in the Fju point 3 room; and (d) tried to commit rape; and (c) tried to commit rape on June 21, 2016; and (d) sentenced the Defendant to imprisonment for four years and six months. While the Defendant appealed in the appellate court on November 24, 2016 (Seoul High Court M) and again filed a final appeal, the lower judgment became final and conclusive on February 23, 2017 (hereinafter “the foregoing final judgment”).
(2) B) At the first instance of the previous trial, B testified as follows as to whether the Defendant appeared as a witness and testified as to whether the Defendant had observed the scene of rape.
hereinafter referred to as "the case."