The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1.(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. As such, the requirement that the reported fact goes against the objective truth requires positive proof. The crime of false accusation is not established by readily concluding that the reported fact goes against the objective truth only with passive proof that the authenticity of the reported fact cannot be recognized (see Supreme Court Decision 83Do1401, Jan. 24, 1984). Even if part of the reported content goes against the objective truth, if it is not an important part affecting the nature of the crime, but merely exaggerations the circumstances of the reported fact, the crime of false accusation is not established (see Supreme Court Decisions 86Do582, Jul. 22, 1986; 96Do771, May 31, 1996).

Meanwhile, in light of the fact that victims of sexual assault or sexual harassment have committed negative public opinion or disadvantageous treatment and damage to exposure to status while making the victims informed of the fact of damage, etc., the number of countermeasures against sexual assault victims may vary depending on their gender status, the relationship with the perpetrator, and the specific situation.

Therefore, readily rejecting the probative value of a victim’s statement without sufficiently considering the special circumstances in which the victim of sexual assault is placed in individual and specific cases can not be deemed as evidence judgment in accordance with logical and empirical rules, based on the ideology of justice and equity.

(Supreme Court Decision 2017Du74702 Decided April 12, 2018, and Supreme Court Decision 2018Do7709 Decided October 25, 2018, respectively.