The prosecutor's appeal is dismissed.

1. In full view of the circumstances acknowledged by the evidence submitted by the Prosecutor’s summary of the grounds for appeal, namely, the Defendant’s statement as to the fact of injury, such as the time when the Defendant was injured by D and E, is not consistent, and its credibility is low due to the lack of consistency in F’s statement as to the fact of injury, and the Defendant and D’s oral dispute between G and the Defendant that they observed are sufficient to be deemed to have been on September 13, 2013, and they make a consistent statement that there was no injury to the Defendant, the lower court acquitted the Defendant of the facts charged of this case even if the Defendant was fully convicted.

2. 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 requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of the crime of false accusation cannot be acknowledged.

(1) The court below acquitted the Defendant of the facts charged in this case on the ground that the evidence submitted by the prosecutor alone, based on the above legal principle, was insufficient to prove that the Defendant’s accusation was contrary to objective truth, and that there was no evidence to prove otherwise.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.

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