The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Around November 16, 2016, the summary of the facts charged is that the defendant was replaced by the fraud that he was able to know that he was able to get off his clothes in Yongsan-gu Seoul Metropolitan Government, and the father and the complainant of the complainant are different from that of the complainant, and thus the complainant's father and the complainant are different, the complainant's father and the complainant made a false statement of the false fact that he damaged the reputation of multiple complainants, and the defendant has prepared a written complaint to punish him, and submitted the above written complaint to the public service center of the Yongsan-gu Police Station in Yongsan-gu, Seoul Metropolitan Government, the effect of Yongsan-gu, the effect of which is 89-h 24.

However, although there was no fact that the Defendant was replaced by fraud or that F was the father of the Defendant, the Defendant was tried on October 2016 due to the crime of injury to F around October 2016, the Defendant prepared a complaint stating the above false facts in favor of the above criminal trial.

As a result, the defendant raised F with the aim of having F criminal punishment.

2. Determination

A. The crime of false accusation is established when a person reports false facts contrary to 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 requires positive proof. The mere passive proof that the truth of the reported fact cannot be recognized cannot be readily concluded as false facts going against the objective truth.

In addition, as a subjective constituent element, it is required to be aware of the fact that the actor's report goes against objective truth at least, or at least dolusently.

In addition, the burden of proving the facts charged in the criminal trial is the prosecutor, and the conviction is not likely to be a reasonable doubt by the judge.