The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), it can be sufficiently recognized that false reports by the defendant are subject to punishment under the Punishment of Minor Offenses Act.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the legal principles.

2. Determination

(a) No person who outlines the facts charged may make a false report on any crime or accident to a public official;

Nevertheless, on December 13, 2018, the Defendant reported 112 to his own cell phone in front of the Daegu-gu, Seogu, Daegu-gu, 2018, and was not a department with police and a fake investigation.

“A false report” was made.

B. The lower court determined that it cannot be readily concluded that the Defendant’s act constitutes “a case where a false report is made to a public official on an unspecified crime or accident” under Article 3 subparag. 3 subparag. 2 of the Punishment of Minor Offenses Act (hereinafter “instant provision”) on the following grounds, and sentenced the Defendant not guilty.

(1) Whether a crime or a disaster occurred at the time of reporting shall be deemed to be the subject of the past or present case only.

This is because, even though the text of the provision of this case is interpreted, it cannot be confirmed whether there is a crime or a disaster at the time of the act (report) in the future.

② Of the content reported by the Defendant, the part “to neglect a department” constitutes a future case, and for the same reason, the provision of this case cannot be applied.

③ 피고인이 신고한 내용 중 “ 검찰청에 고소했는데 경찰과 짜고 수사 안 하여” 부분은 과거의 사실이고 기록 상 검찰 및 경찰공무원이 짰다거나 수사를 안 했다고

In light of the fact that there is no evidence to see, it may be viewed as false, but its content.