The defendant shall be innocent.

1. Around June 25, 2013, the Defendant: (a) prepared a complaint stating that “A person was going to a private teaching institute operated by Taesung-dong, Taesung-dong, who intends to use a computer before any month; (b) Da voluntarily followed, and was forced to commit indecent acts by force, such as hearing the words “I amb,” and (c) on the same day, upon receipt of the complaint’s investigation at the Taecheon Police Station investigation and statement recording room, the Defendant made a statement to the above D on the same day, stating that “I want to take place after printing printed matter using a computer on the second floor operated by the private teaching institute operated by C on February 18:30, 2013; and (d) C followedly, I am his own son and her own son, and tried to do so, and forced him to do indecent acts, etc.”

However, in fact, the defendant had a sexual intercourse with C, and C did not have committed indecent acts by force, such as drinking the defendant's chest or kis, etc.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

2. The summary of the defendant's and his defense counsel's assertion asserts that the defendant and his defense counsel only accused of the actual indecent act C and they did not report false facts.

3. Determination

A. The requirement that the reported fact in the crime of false accusation is false against the objective truth requires an active proof. However, it cannot be readily concluded that it is a false fact solely with the passive proof that the truth of the reported fact cannot be recognized (see, e.g., Supreme Court Decision 2003Do5114, Jan. 27, 2004). Here, “a false fact” refers to a violation of objective facts, and its intention requires the awareness of this false, so long as the objective fact is reported as he knows.