A. The Defendant asserted that “the heir of the deceased I (hereinafter referred to as “the deceased”) agreed to inherit the deceased’s inherited property to C and H, rather than claiming that “the J Forest in the Chungcheongnam-gun of Chungcheongnam-do (hereinafter referred to as “J Forest”) was inherited in the future by H, as stated in the facts charged at the time of the accusation of facts and misapprehension of the legal doctrine,” and that “The heir of the deceased I (hereinafter referred to as “the deceased”) agreed to inherit the deceased’s inherited property to C and H, and once it was registered in the name of B, F, but later transferred to C and

D and B denied the above agreement, and they have proved to the effect that B actually succeeded to the J forest with the consent of the heir. As such, the defendant's complaint is not false, but is not false, and even if it is not so, the defendant who trusted the consistent statement of father C in accordance with the objective circumstances cannot be deemed to have an intention without doubt.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of the legal principle of false accusation, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles in the court below where the court below's judgment was held as a participatory trial, the defendant argued that the defendant is similar to this part of the court below's judgment, but the jury convicted him by unanimous charge of seven jurors, and the court below accepted the jury's verdict and convicted him of the facts charged in this case. 2) The court's judgment in the criminal trial procedure conducted in the form of a participatory trial introduced to enhance the democratic legitimacy and trust of justice, and the collective opinion presented to the court as to the recognition of facts by the jury composed of the citizens cultivated by strict selection procedure.