무고
The defendant shall be innocent.
On September 2, 2017, the Defendant, at around 01:30 on September 2, 2017, sentenced D to drinking drinking water along D with D in the taxi run by the convenience store near Seo-gu Daejeon, Seo-gu, Daejeon, and caused D to the Defendant’s chest, and continued to kid D and kid D and ki, and the Defendant kiddddddd D with D’s hand, and kidddd with D’s hand, and kidddd with D’s hand, thereby committing an indecent act. However, the Defendant was able to report to the effect that D forced the Defendant.
On September 2, 2017, around 01:47, the Defendant filed a false report on D’s “the taxi engineer became dead” with the above C convenience store, and on the same day, around 03:20 on the same day, the Defendant made a false statement that “D was satising, satising, satising, and satising, and satising the finger, which would be punished.”
In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.
Judgment
1. The summary of the Defendant’s assertion cannot be readily concluded to be false in violation of objective facts. Even if the reported facts are contrary to objective facts, the Defendant reported that they were true, and thus, there is no intention to make an accusation.
2. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and thus, the requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of the crime of false accusation cannot be recognized by readily concluding the reported fact as a false fact contrary to the objective truth (Supreme Court Decision 2005Do4642 Decided May 25, 2006). In addition, even if the reported fact is false against the objective truth, if there is no awareness of such falsity, the intention against false accusation is not intentional.