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The defendant shall be innocent.
Reasons
1. On November 21, 2016, the Defendant: (a) at the Seoul Seacare Center located in the Jongno-gu Seoul Metropolitan Government University, the Defendant: (b) forced the Defendant to go off from his home on March 6, 2016 at around 13:0-14:00 to 14:00; (c) inserted the Defendant’s body’s upper part of the 7th floor into the Defendant’s body; (d) Rape the Defendant, thereby causing bodily injury, such as tear and infection of germs; and (e) around 03:00, around April 17, 2016, the Defendant submitted a written statement to the Seoul Seacare Center stating that “The Defendant was unable to prevent the Defendant’s sexual organ from being the hands of B; and (e) inserted the sexual organ into the Defendant, thereby committing rape, thereby committing rape, etc., to the Defendant.”
However, at the time, the defendant and B had sexual intercourse with each other under mutual agreement.
Accordingly, the defendant raised B without criminal punishment for the purpose of having B receive criminal punishment.
2. Determination
A. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and the requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of the crime of false accusation cannot be acknowledged.
(Supreme Court Decision 2003Do5114 Delivered on January 27, 2004). Moreover, even if the accusation is false against objective facts, if the accusation is false, there is no intention to make a false accusation.
I would like to say.
(see, e.g., Supreme Court Decision 2013Do13000, Jul. 23, 2015). (B)
According to the records, the following facts can be acknowledged:
① On February 2016, the Defendant and B sent and got a message from SNS around February 2016, and became friendly.