무고
1. The defendant is innocent. 2. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged was submitted by the Defendant under the consent of the Defendant on the premise that C and Ethical teaching system, and C had a pipe knicked with C, and the Defendant did not contact the Defendant’s quality, upper part, and sprinked with the Defendant against the Defendant’s will, but on August 9, 2017, at the police station in the ethic East East Eastern Police Station located in the 596 Sinsan-si, Sinsan-si on August 9, 2017, the Defendant made a false statement to the effect that C was subject to criminal punishment. The Defendant made a false statement to D circumstances belonging to the above police station on the same day, “A indecent act with C by force due to the Defendant’s bucks, spucks, and sprinks by hand, even if the Defendant continued to spack in his hand, and the Defendant made a false statement to punish the Defendant by making a false statement to the public office.”
2. Determination
A. The relevant legal doctrine 1) Recognition of guilt in a criminal trial ought to be based on evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to reach such a level that leads to such conviction, the determination ought to be based on the benefit of the defendant even if there is suspicion of guilt.
2) Meanwhile, 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 there should be positive proof as to the fact that the reported fact goes against the objective truth. The mere fact 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 acknowledged (Supreme Court Decisions 96Do599 delivered on February 24, 1998; 96Do599 delivered on January 27, 2004).