The appeal by the prosecutor is dismissed.

Summary of Grounds for Appeal

In the judgment of the court below, J and K testified that D, before the police investigation between the Defendant and the Defendant, agreed to the Defendant to make a statement that “D,” and K merely told the Defendant that “D must have a good speech to the Defendant.” As such, the Defendant’s complaint that “D has a good speech to the Defendant,” which is an important part that affects the establishment of a crime, is an important part that affects the establishment of a crime, and it is difficult to be deemed that the reported fact is merely an exaggeration, and the Defendant has a reason for creating a reason for the crime by assault and assault, and there is also an motive for the Defendant to commit a crime. In full view of the above, the judgment of the court below acquitted the Defendant of this part of the facts charged, even if it is found that D was not guilty as stated in this part of the facts charged.

Judgment

The crime of false accusation is established when a report of false facts is filed against a public office or a public official for the purpose of having another person punished or disciplinary punishment, and the reporting of false facts refers to a conclusive or dolusent recognition and reporting that the reported fact goes against objective facts. Thus, even if the reported fact of false facts goes against objective facts, even if the reported fact of false facts goes against objective facts, an intentional accusation against false facts cannot be acknowledged.

(2) In a criminal trial, the burden of proof of facts constituting an offense ought to be based on evidence of probative value, which leads to the conviction of a judge as to the facts charged, to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it should be determined based on the benefit of the defendant.

Supreme Court Decision 201Da1448 delivered on February 11, 2003