The defendant shall be innocent.

1. On September 29, 2015, the summary of the facts charged stated to the purport that, with the aim of having F take criminal punishment at the E District Office in the Southern Police Station E District Office located in Suwon-si, Suwon-si, the Defendant stated to the effect that, “The Defendant, at the police officer belonging to the above police station, tried to commit rape against the Defendant’s clothes by force, and the Defendant, upon resisting the Defendant’s resistance, assaulted the Defendant’s face and body part by drinking and launching, thereby causing bodily injury for two weeks.”

However, as the defendant tried to have a sexual intercourse with F under the agreement with F, but the F was unable to have a sexual intercourse due to F's circumstances, there was a dispute about the victim's head twice, and F did not have been able to have a sexual intercourse with F, and there was no fact that the defendant was able to have a sexual intercourse with F due to an assault from F or an assault from F in the process.

As a result, the defendant made F a false accusation for the purpose of having F punished criminal punishment.

2. Whether the summary of the defendant's defense counsel F attempted to rape the defendant, and that the defendant sustained an injury in the course of such rape, and that the defendant stated in the investigative agency is true;

F is not unlimited.

3. Determination

A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant

On the other hand, 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. Thus, the requirement that the reported fact goes against the objective truth should be proved actively, and the reported fact should be reported.