2. Determination

A. 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 term “report of false facts” refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and thus, it includes part of the reported facts.

Even if the falsity is not an important part affecting the nature of a crime, and only an exaggeration of the reported fact, it does not constitute an accusation (see Supreme Court Decisions 96Do771, May 31, 1996; 2002Do5939, Jan. 24, 2003, etc.). However, if a part of the falsity changes the nature of the entire accusation to such an extent that it might interfere with the State’s trial action or undermine the legal stability of an individual who is not unfairly punished, it may constitute an accusation (see, e.g., Supreme Court Decision 2010Do2745, Apr. 29, 2010). On the other hand, the requirement that the reported fact goes against the objective fact should be proven, and the mere passive proof that the truth of the reported fact cannot be recognized is a false fact contrary to the objective fact, and thus, it cannot be concluded that the reported fact goes against the objective fact, and thus, it cannot be established as a false fact or an objective accusation (see, e.g., Supreme Court Decision 2004Do154.