The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged of this case on the premise that the defendant was raped from E is false, is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. On November 11, 2013, the summary of the facts charged presented a written complaint to the effect that the Defendant was raped from E at the Domoto Police Station located in the Gangnam-gu Seoul Metropolitan Government, Seoul, on November 6, 2013, at the 113-ro, Jaro 12, 2013, and was unable to properly divide the body under the influence of alcohol at the time, and that E could not be sufficiently divided into the body of the complainant (defendant).

However, in fact, even if the defendant was a sexual intercourse under the agreement with E at the time, he was prepared and submitted a written complaint different from the above facts.

As a result, the Defendant reported false facts to public offices for the purpose of having them subject to criminal punishment, and made a false accusation against E.

B. The lower court found the Defendant guilty of the instant charges on the ground that, after compiling the evidence as indicated in its holding, the Defendant’s contents of the instant complaint are contrary to objective facts and sufficiently aware of the fact that the reported fact was false or false at the time of the instant complaint, and that the Defendant could sufficiently recognize the fact that the reported fact was false or false.

(1) The Defendant was in company with E who was a guest while serving in an entertainment drinking house while drinking together with E, and went to a gold station along with E on the rear seat of the vehicle driven by an acting engineer, and return to the acting engineer, and the Defendant was in company with the seat of driver, and the Defendant was in company with e after moving to the chief class.