The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since it is true that misunderstanding of facts or misunderstanding of legal principles (a false accusation) D attempted to rape a defendant, the defendant does not dismiss D.

Nevertheless, the judgment of the court below which pronounced the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (the 4 million won of a fine) is too heavy.

2. Determination

A. In full view of the following circumstances acknowledged by evidence duly adopted and investigated by the court of the court below regarding the assertion of mistake of facts or misapprehension of legal principles, the court below’s determination is justified, since it is recognized that D was not guilty for the purpose of having the defendant punished, even though D had not attempted to rape.

① At around 23:30 on March 1, 2018, the Defendant filed a complaint with D to the effect that he/she had raped himself/herself before the Full-Time E Elementary School in the Seoul Special Metropolitan City on the following occasions: (a) however, D consistently stated, “I am hyd while I am hyd and hyd; and (b) I am hyd and threatened the Defendant to file a complaint for rape; and (c) on March 1, 2018, there was no fact that the Defendant had been syd around 20:0 on March 1, 2018.”

② In the prosecutor’s investigation, the Defendant made a false accusation by stating that “I hospital was hospitalized at the time, with the knowledge of the phone call, making a false call, and making it difficult to do so.” At that time, the Defendant made a false accusation by stating that I hospital was hospitalized, and that I hospital was not at the site of the instant case, and that I would not have made a false accusation.”

(3) The defendant in a telephone conversations with D around March 20, 2018 has no "(the entry into E elementary school with D around March 23:30, 2018)".

안 만나주니까, 전화도 안 받으니까, 내 전화 안 받고 딱 돌려놓고 그랬잖아 약올라서 그랬어(고소했어)...