The prosecutor's appeal is dismissed.

According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle), the fact that the defendant did not have been injured by assault from B can be sufficiently recognized by submitting a false complaint, even though the defendant did not have been injured by assault from B.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

Judgment

The crime of false accusation is established when a person reports a false fact contrary to the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and thus, the requirement that the reported fact goes against the objective fact requires positive proof. The establishment of a crime of false accusation cannot be acknowledged by readily concluding that the reported fact goes against the objective truth solely with the passive proof that the authenticity of the reported fact cannot be recognized. Although there is no room to doubt that the reported fact is false, it shall be deemed that there is no proof if it is insufficient to readily conclude that the reported fact is false (see, e.g., Supreme Court Decision 2013Do9297, Mar. 27, 2014). In a case where the content of a complaint does not contain any false fact, and its circumstances are not exaggerationd based on the fact, but rather than a little exaggeration, the crime

(See Supreme Court Decisions 90Do1706 delivered on Nov. 9, 1990; 90Do1706 delivered on Nov. 24, 2000; 200Do5939 delivered on Nov. 24, 2000; 200Do5939 delivered on Nov. 24, 2000; 200Do5939 delivered on Nov. 24, 2003; 2002Do5939 delivered on Nov. 24, 2003).