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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
On September 3, 2019, at the Busan High Police Station located in Busan High-ro No. 111-gil6, Busan High-ro, Busan High-gu, on July 3, 2019, the defendant expressed a false complaint with the content that he would be punished because he would have expressed his desire to the defendant who was frighter in the Scenic Park located in the Busan High-gu, Busan High-ro, and had 1-2 times the part of the defendant such as the steel mon, etc.
However, at the above date, at the above time, B was in dispute with the defendant due to long-term use of the market, and there was only a fact that he was sicking the floor with his stick, but did not assault the defendant as such.
Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.
2. Determination:
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, and thus, the requirement that the reported fact goes against the objective fact requires positive proof. The establishment of a crime of false accusation is not recognized by readily concluding the reported fact as false facts going against the objective truth solely with the passive proof that the authenticity of the reported fact cannot be recognized (see, e.g., Supreme Court Decision 96Do599, Feb. 24, 1998). Even if part of the reported fact goes against the objective truth, if it is not an important part affecting the nature of the crime, but it is merely an exaggeration of the circumstances of the reported fact, the crime of false accusation is not established (see, e.g., Supreme Court Decisions 86Do582, Jul. 22, 1986; 96Do771, May 31, 1996).
In light of the above legal principles, in full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this Court, B and C seem to conform to the facts charged in the instant case.