The gist of the accusation is that “A defendant C, who was the defendant, was punished for a theft of 400 km at a night equivalent to 8 million won at the market price without the defendant’s permission, at around 14:30 on October 3, 2012, and 10 knife in the mountainous district leased from the above C, and 400 kg at a night equivalent to 8 million won at the market price.”

However, there was a fact that around October 3, 2012, the Defendant allowed the Defendant to take nights with telephone calls from Defendant C to the effect that he would take nights at night.

Nevertheless, the defendant submitted the above complaint to the police officer in the public service center of the office of the Macheon Police Station on the same day and filed the complaint with C.

2. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, the crime of false accusation refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and even if the reported facts are false contrary to objective facts, there is no intention to make false accusation if there is no awareness of falsity.

If the contents of the complaint are not false or false, but the circumstances are not somewhat exaggerated on the basis of facts, the crime of false accusation shall not be established.

(Supreme Court Decision 2007Do4450 Decided September 20, 2007) The following circumstances are acknowledged as a result of the examination of evidence duly adopted and investigated by this court, and ① the Defendant’s first day and night day and night day in the mountain located in the Macheon-gun D, which the Defendant leased.