The defendant shall be innocent.

1. On July 29, 2017, the Defendant committed an indecent act against the female youth of the Seocheon-si Police Station and C office located in 70, Seocheon-si Police Station, Seocheon-si, Seocheon-si, Seocheon-si, Gacheon-si, 160, and the Defendant committed an indecent act against the Defendant’s sexual organ created by E at the Defendant’s her her arm’s length, while engaging in personal PT.

Although false facts were stated to the effect that “,” there was no fact that there was an indecent act from E.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

2. Determination

A. The burden of proving the facts charged in a criminal trial is against the public prosecutor, and the conviction shall be based on evidence with probative value, which leads to the judge to have the conviction that the facts charged are true beyond a reasonable doubt (see, e.g., Supreme Court Decisions 2006Do735, Apr. 27, 2006). The requirement that the reported facts are false in light of objective facts is established in a case where the facts reported for the purpose of having another person subject to criminal punishment or disciplinary punishment are false in violation of objective truth. The requirement that the reported facts are false in light of objective facts must be proven. The mere passive proof that the authenticity of the reported facts cannot be recognized is against objective truth, and thus the establishment of an offense of false accusation cannot be established (see Supreme Court Decisions 96Do599, Feb. 24, 1998; 201Do15767, Feb. 13, 2014; 201Do15767, Feb. 13, 2014).