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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In determining facts, the Defendant believed that C did not have observed an indecent act in E, or that he did not accurately evaluate his state of exploitation even though he was unable to witness it under the influence of alcohol and did not observe all the circumstances at that time, and that “C did not commit indecent act by force.” Thus, even if the Defendant’s statement that “C did not commit an indecent act in E” is inconsistent with objective facts, it cannot be viewed as a false statement contrary to the Defendant’s memory.
B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.
2. If a witness gives testimony as a result of an oath of a mistake of fact that he/she is aware of the fact of his/her testimony while he/she was well aware of the fact of his/her testimony, perjury is established since he/she is a statement contrary to his/her memory (see, e.g., Supreme Court Decision 86Do57, Sept. 9, 1986).