The defendant's appeal is dismissed.

There was no intention that the defendant misleads the defendant of the summary of the grounds for appeal that the defendant filed a complaint against D is not a false fact, and that the defendant is not guilty of D.

The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.

Judgment

The crime of false accusation against the assertion of facts is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment. Whether the reported fact is false or not should be determined depending on whether the core or important contents of the reported fact is false or not (see Supreme Court Decisions 91Do1950, Oct. 11, 1991; 2003Do7487, Feb. 10, 2006). In addition, in the crime of false accusation, even if the criminal intent does not necessarily have a conclusive intention, the crime of false accusation is established by reporting the fact that the reporting person has no conviction as true, and it does not require the conviction that the reported fact is false, and it does not require the other party to be punished, and it does not require the other party to do so.

On the other hand, it cannot be said that there is no intention to commit the crime of false accusation (see Supreme Court Decision 2007Do1423, Apr. 26, 2007; Supreme Court Decision 2009Do774, Mar. 12, 2009). The defendant asserts that the contents of the complaint against D are not false facts. In full view of the circumstances as shown in the evidence duly adopted and investigated by the court below, the court below made a false statement for the defendant's complaint against D and the facts charged of this case to show D's spouse, even though D had been sentenced to a civil lawsuit and went to compulsory execution on the basis of D's judgment, so the entire contents of each of this case were prepared with such falsity.