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The defendant is innocent.
Reasons
1. On June 28, 2013, the Defendant filed a complaint with the Seoul Yangcheon Police Station that “E, F, and G combines with each other, and around 10:00 on June 10, 2013, at the IMoel located in Mapo-gu Seoul Metropolitan Government H to punish the victim by taking advantage of his/her state of her ability to resist, as the victim lost his/her mind of drinking.”
However, the facts revealed that the Defendant, along with the above E, was in a state of drinking alcohol, but has not many people to the extent of losing the mind, and entered the above her motherel and had sexual intercourse with E, etc. under the agreement, and the Defendant did not have been raped by three persons, such as the above E, in a state where the Defendant was unable to resist due to being under the influence of alcohol.
Nevertheless, the Defendant submitted the above false complaint and rejected the above E, etc.
2. Determination
A. The Defendant asserts that he was raped by three persons, such as E, under the influence of alcohol, in a state where he/she was unable to resist.
B. The prosecutor bears the burden of proving the facts charged in the relevant legal doctrine criminal trial, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(2) The crime of false accusation is established when the reported fact goes against the objective truth with the aim of having another person subject to criminal punishment or disciplinary disposition. As such, the requirement that the reported fact goes against the objective truth requires positive proof, and that the reported fact goes against the truth should be objectively proven, and that the reported fact cannot be recognized, is objective only by the passive proof that the reported fact cannot be recognized.