1. According to the evidence cited by the court below, the facts in the judgment of the court of first instance which the defendant accused for the purpose of criminal punishment are false against objective truth, and it can be sufficiently recognized that the defendant has recognized the falsity of the facts, and there is no reason to regard it as violation of evidence or lack of reasoning, such as the theory of litigation, in the process of the preparation of evidence and fact-finding.

2. In the establishment of an offense of false accusation, it is sufficient to report false information that is not true with the intention of having another person receive criminal punishment or disciplinary disposition, and it does not require the reporter’s conviction as to the fact that the reported fact is false.

In the same purport, the judgment of the court below is justified since the defendant was aware of the falsity of the reported fact, and there is no error of law by misapprehending the legal principles on the crime of false accusation like the theory of lawsuit.

3. Ultimately, the grounds for appeal are without merit. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)