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The defendant shall be innocent.
Reasons
1. Around June 5, 2013, the summary of the facts charged: (a) the Defendant retired from the Company “C”, a company where the Defendant was working, on the grounds of incombustibility with D, etc., and was unable to receive retirement pay; (b) the Defendant was willing to file a false complaint against D with the Defendant for an injury.
Around June 5, 2013, the Defendant drafted a written complaint with the public service center of the Seodaemun-gu Seoul Metropolitan Government Police Station, which provides that “Around March 12, 2013, the Defendant shall punish the Defendant only because he/she was unable to know the treatment period because D, the Defendant, at the workplace located in the Daegu Seo-gu, Daegu Seo-gu, Seoul, with a test-type pen attached to the written complaint form.”
However, there was no fact that D, at the date and time stated in the complaint, there was no injury to the defendant by putting the parts of the defendant's arm's length or drinking at the place of the complaint.
Nevertheless, on June 5, 2013, the defendant submitted a false complaint to the police officer who is unable to know his name at the public service center of the Seodaemun-gu Police Station.
In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.
2. Determination
A. Since the crime of false accusation and burden of proofless accusation is established when the reported facts are false facts contrary to objective truth with the intention of having another person subject to criminal punishment or disciplinary action, there should be positive proof as to the fact that the reported facts are false facts contrary to objective truth.
The establishment of an offense of false accusation cannot be recognized solely on the ground that the reported fact cannot be recognized as true, by readily concluding that the reported fact goes against the objective truth.
(see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 2014). Moreover, there is room for a judge to make a reasonable doubt in a criminal trial.