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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. At around 16:40 on May 31, 2012, the Defendant entered the facts charged in the charge that “F was sent to the site upon receipt of the Defendant’s report by the Defendant,” and “F was sent to the police officers belonging to the Seoul Gangseo Police Station E zone E zone in Gangseo-gu Seoul, Seoul.” The Defendant continued to arrest the Defendant as a flagrant offender in assault with G, etc., and prepared a written statement of brub in the said district, “F was 3 and 4 sealed her head and her head by drinking, and her head by drinking, and her head by drinking,” and “F was punished as her head and her head by assaulted in drinking.”
However, the fact is that the defendant and the G body did not assault the defendant in collaboration with G, and the F did not do so.
Nevertheless, for the purpose of having F take criminal punishment, the Defendant made a false statement as above with the intent of having F take criminal punishment, and kept F without the consent of F.
2. Determination
A. 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, and the requirement that the reported fact goes against the objective fact should be proven actively. The mere fact that the truth of the reported fact cannot be recognized is that the reported fact goes against the objective truth, and thus, the establishment of the crime of false accusation cannot be acknowledged.
(See Supreme Court Decision 2005Do4642 Decided May 25, 2006, etc.). Also, in a crime of false accusation, a report of false facts refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and thus, a report of false facts is not deemed as false even if the reported facts are false contrary to objective facts. Thus, even if the reported facts are false, the intention of false accusation cannot be acknowledged.
(see Supreme Court Decision 2010Do1037, Oct. 11, 2012).