A. In fact, the Defendant, on May 31, 2013, heard verbal abuse from Defendant E (hereinafter “Defendant Nonparty Nonparty”) and took an article against the Defendant. As such, the Defendant’s accusation, including the Defendant’s assault, filed a complaint against the Defendant for an injury, does not constitute a crime of false accusation.

Nevertheless, the court below erred in finding guilty of the facts charged of this case.

B. Even if the Defendant was found guilty, the lower court’s sentencing (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

2. Determination

A. The crime of false accusation against a mistake of fact is established when another person reports false facts to a public office or a public official for the purpose of having a criminal punishment or disciplinary action against him/her. Here, the crime of false accusation refers to a conclusive or dolusent recognition that reported facts violate the 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, but only an exaggeration of the reported fact, it does not constitute a crime of false accusation. However, if a part of the false fact leads to a change in the nature of the whole of the facts of complaint to the extent that it is likely to mislead the state's trial action or undermine the legal stability of the individual who does not receive an unfair punishment, it can be established.

According to the evidence duly adopted and examined by the lower court, the Defendant is in need of a three-time medical treatment on June 1, 2013 when he/she committed a mixture of abusives from D Council members to the extent that he/she is unable to control and conceal his/her own timber that he/she sits in with her will.