The defendant's appeal is dismissed.

Costs of lawsuit shall be borne by the defendant.

1. Summary of grounds for appeal;

A. The commencement of an investigation into mistake B is based on a report by a third party, and thus, the Defendant does not constitute a “person who has reported a false fact,” and the Defendant’s statement was merely an exaggeration of the circumstances and cannot be viewed as a false fact, and it cannot be readily concluded that the Defendant reported a false fact with the intent to mislead B, the lower court erred by misapprehending the legal doctrine.

B. The sentence imposed by the court below on the defendant (one-year suspended sentence of imprisonment, two-year community service order) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake, the lower court may recognize the false fact and the intention of false accusation that the Defendant suffered from indecent acts by compulsion, such as taking kiss under mutual agreement with the victim B, even though the Defendant suffered from skin.

Therefore, this part of the defendant's argument is without merit.

① The Defendant and the victim reported to the police as follows: (a) the unclaimed cargo vehicle article, which had been examined in the dispute between the Defendant and the victim, reported to the police that “son assaults a woman; and (b) the police officer called out upon receiving the above report, expressed his/her intent to “be punished because he/she was forced to commit an indecent act by force from the victim.”

② The Defendant alleged that the first reporter was not a “person who reported” on the ground that he was a third party, but the content of indecent act by compulsion was not reported by the first cargo vehicle article, and the Defendant voluntarily stated on the dispatched police officer.

It should be voluntary reports in the crime of false accusation, and false statements from investigative agencies, etc. do not constitute a crime of false accusation, but it is not stated in the initial complaint.