A. As to the mistake of mistake of facts (defendants) of each of the facts charged in the instant case, there was no intention for the Defendant to make a false accusation.

B. The sentence imposed by the court below (two months of imprisonment and one year of the suspended execution) is too heavy or unhurd and unfair.

2. Judgment on the assertion of mistake of facts

A. The Defendant and the defense counsel of the lower court also asserted the same as the grounds for appeal in this part, and the lower court rejected the above assertion and found the Defendant guilty on the grounds of the various circumstances as indicated in its reasoning in the part of “Judgment on the Defendant and the defense counsel.”

B. 1) The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him/her. Here, the term " false report" refers to a conclusive or dolusent recognition that a reported fact goes against objective facts. Thus, even if a part of a reported fact contains false facts, such false part is not an important part affecting the nature of a crime, but is merely an exaggeration of a reported fact, it does not constitute a crime of false accusation (see Supreme Court Decision 2002Do5939, Jan. 24, 2003). However, if a part of the false fact makes changes to the whole nature of the reported fact to the extent that it might interfere with the State's trial action or infringe the legal stability of an individual who is not unfairly punished, it may be established without accusation (see Supreme Court Decision 2010Do27452, Apr. 29, 2010).