The defendant's appeal is dismissed.

1. The summary of the grounds for appeal 1) A, at the time of reporting to an investigation agency by misunderstanding the facts and misapprehending the legal principles, stolen the Defendant’s

Even if there were circumstances to suspect, the lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant had a false criminal intent.

2) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.

2. In a judgment of a misunderstanding of facts and legal principles, a report of false facts refers to a conclusive or dolusent recognition and reporting that the reported fact goes against objective facts. Thus, even if it is inconsistent with objective facts, if the reporting person is aware that it is true and reported as true, the crime of false accusation is not established.

However, the conviction of the truth in this article is false even if it is based on objective facts known to the reporter.

It refers to a case in which there is no perception that there is a possibility of fraud or that there is a possibility of fraud.

Therefore, the report is false on the basis of objective facts known to the reporter.

Although recognizing that there is a possibility of being false or false, one's assertion is correct without disregarding it.

It does not include the case of thought (see Supreme Court Decision 2000Do1908 delivered on July 4, 2000). The defendant asserted the same purport in the original judgment, and the lower court, on the same ground as the statement, has the intention to commit a false accusation against the defendant.

The decision was determined.

Considering the circumstances cited by the lower court and the following circumstances found by the evidence duly admitted and investigated by the lower court, it is justifiable to find the lower court guilty of the facts charged of this case.

(1) The Defendant only opened a string and vice versa, and the sound in which B actually puts his own goods in a shopping bag.