The defendant's appeal is dismissed.

Summary of Grounds for Appeal

misunderstanding of facts or misunderstanding of legal principles C stated differently from the contents of the original complaint submitted in relation to the prosecution investigation and the testimony of court on the accused as to the possible development of the house site, road construction and authorization promise, agricultural and forest area, whether the contract is a participant at the time of the contract, etc.

As such, the defendant filed a complaint with C, which is inconsistent with C's statement at the prosecutor's office and court, with the contents of the complaint. The defendant's complaint is most different from the facts.

Therefore, even if the contents different from the facts recognized in the final judgment on the complaint submitted by the defendant are included, the intention of the defendant is that C will only take the issue of false accusation, so it is not a crime of false accusation.

The imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

As to the assertion of mistake of facts or misapprehension of legal principles, a false report is established when another person reports a false fact to a public office or a public official for the purpose of having a criminal punishment or disciplinary action against him/her. Here, a false report refers to a conclusive or dolusent recognition that a reported fact goes against objective facts, and thus, even if a part of a reported fact contains a false fact, the false part is not an important part affecting the nature of a crime, but is merely an exaggeration of a reported fact, it does not constitute a false crime. However, if a part of a false fact is modified to the extent that it is likely to mislead the state's trial action or infringe on the legal stability of an individual who is not subject to an unfair punishment, it can be established for

Supreme Court Decision 200 delivered on January 16, 2004