All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unreasonable.

B. Defendant (1) misunderstanding of facts and misunderstanding of legal principles were reported based on objective facts, and thus, it cannot be deemed that the Defendant reported false facts, and even if it was found that the details of the Defendant’s complaint were not true, it cannot be deemed that the Defendant had intention to make a false accusation.

(2) At the time of committing the instant crime, the Defendant was in a state of mental disability due to dysia.

(3) The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. (1) In a case where the Defendant consistently led to the confession of a crime from the investigative agency to the date of trial, and reversed his/her own confession from a certain trial date, the following should be examined: (a) the motive, reason, and circumstances leading up to the confession of a confession, together with the motive, reason, and circumstances leading up to the confession, and the contents of the statement made by the investigative agency; and (b) whether there is any evidence supporting the confession.

(See Supreme Court Decision 2015Do17869 Decided October 13, 2016). In a crime of false accusation, reporting of false facts refers to a conclusive or dolusent recognition and reporting that reported facts are contrary to objective facts. As such, even if the reporting person is inconsistent with objective facts, if the reporting person is true and reported as true, the crime of false accusation shall not be established. However, the conviction in this context is true.

means a case in which the reporting person cannot be aware that the reporting person is false, or that it is likely to be false, even if based on objective facts known to him/her, or that the reporting person is false on the basis of objective facts known to him/her.