A. When a misunderstanding of facts E conducts a marina-type shop in the name of the defendant, the defendant was abused or abused, and the defendant was imprudented by strong attitude, and the CCTV was installed inside the shop in fact, and the defendant was sleeped that he was under surveillance.

Therefore, most of the facts of the instant accusation against the Defendant E are based on true facts, and the Defendant did not file a false complaint, and there was no intention to make a false accusation.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in April, community service, 80 hours) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts 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, a report of false facts refers to a conclusive or dolusible recognition that a reported fact goes against the objective facts. Thus, even if a part of a reported fact is included in a false fact, the false part does not have an important part that affects the nature of a crime, but is merely an exaggeration of a reported fact, it does not constitute a crime of false accusation. However, if a part of a false fact is modified to the extent that it is likely to mislead the state's trial action or undermine the legal stability of an individual who is not unfairly punished, it may constitute a crime of false accusation (see, e.g., Supreme Court Decision 2003Do7178, Jan. 16, 2004).