On March 3, 2017, at the office of the former Police Station and the office of the Women's Youth Investigation Team, the Defendant expressed his/her intent to punish the injured party for the facts that the injured party suffered from the assault although the injured party was not subject to assault or was not injured. On March 5, 2018, at the office of the same Women's Youth Investigation Team, the Defendant reported false facts to the public official for the purpose of having the injured party receive criminal punishment.

2. Determination

A. In a criminal trial, the conviction of guilt ought to be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt. If there is no evidence to form such a conviction, even if there is suspicion of guilt against the defendant, the determination is inevitable in the interests of the defendant.

Since 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, the requirement that the reported fact goes against the objective fact requires positive proof, and only the passive proof that the authenticity of the reported fact cannot be recognized, deeming the reported fact as a false fact going against the objective truth, and thereby establishing the crime of false accusation cannot be recognized.

Although there is no room to suspect the fact of report as false, if it is insufficient to conclude the falsity, it is not sufficient to prove it (Supreme Court Decision 2003Do6367 Decided February 13, 2004, Supreme Court Decision 2003Do6367 Decided February 13, 200).