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All appeals by the defendant and prosecutor are dismissed.
Reasons
The summary of the grounds for appeal is not false, but it is not false that the Defendant filed a complaint with C to the effect that “C was raped from the Defendant,” and that C’s statement is not reliable.
Since the fact that the defendant filed a complaint does not constitute a crime that is the cause of criminal punishment, even if the fact that the defendant filed a complaint is false, the crime of false accusation is not established.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine on the crime of false accusation, thereby adversely affecting the conclusion of the judgment.
In light of the fact that: (a) there is a minor injury inflicted upon C by revoking a complaint against C by an illegal criminal defendant; and (b) there is a need to consider equity in cases where a judgment is rendered simultaneously with a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) which became final and conclusive on August 25, 2016, the sentence of the lower court that sentenced a fine of KRW 5,00,00
In light of the fact that the instant crime was committed by the Defendant on the grounds that the Defendant committed rape, etc. and was sentenced to a punishment for retaliation against C, it is not good that the crime was committed with false accusation that C gave rise to a false accusation that C gave rise to the unnecessary burden of the investigation agency and the distortion of the criminal justice procedure, and thus, it is necessary to strictly punish the Defendant. In light of the fact that the lower court’s punishment is too uncompetiably unreasonable.
Judgment
In other words, C reported the Defendant to the police on June 10, 2015 and reported to the police on the following circumstances, which may be acknowledged by the evidence duly adopted and investigated by the lower court on the assertion of mistake and misunderstanding of the legal doctrine.
6.11. under investigation by the police, the Defendant.