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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that since the investigation agency, the Defendant consistently stated that he was raped by using drugs, etc., D and E from this court to this court, the Defendant’s act of sexual intercourse with D and E does not correspond to the general common sense, and around December 2013, the Defendant agreed with E and he had no choice but to think that he was raped by E and D. In light of these acts, etc., the lower court found the Defendant guilty of a crime without fault, even though it is difficult to deem that there was an intention to commit a false fact at the time when the Defendant filed a complaint for rape, i.e., a mistake of facts, even though it was difficult to deem that D and E had an intention to commit a false fact.
B. The court below's six-month punishment of imprisonment imposed on the defendant is too unreasonable.
2. Determination
A. We examine the determination of mistake of facts, and the following circumstances that can be recognized by comprehensively taking account of the evidence legitimately adopted and investigated by the court below, namely, ① from the investigative agency to the court of the court below, “D, while drinking with E and drinking, was contacted with the Defendant by telephone, and the Defendant was her house with E. After the passage of time, the Defendant and E were able to drink together. After the passage of time, the Defendant and E were able to make a talk to form mutual consensus. After the passage of time, they made a consistent statement to the effect that “I naturally participated in the above sex relationship and are not forced to make a sex relationship.” ② At the same time, the Defendant became her house due to G and the issue of “E,” which was the south of the Defendant living together.
Since then, he and the defendant were able to drink alcohol, and thereafter, they became pether.