The prosecutor's appeal is dismissed.

1. The court below found the defendant not guilty of the facts charged in this case, even though the contents of the written complaint prepared by the defendant in the summary of the grounds for appeal are to the extent to urge the investigator to exercise his/her right to investigate the crime of assault.

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 the requirement that the reported fact goes against the objective fact requires positive proof. The crime of false accusation cannot be established by readily concluding that the reported fact goes against the objective truth only with the passive proof that the authenticity of the reported fact cannot be recognized. The establishment of a crime of false accusation cannot be acknowledged by concluding that the reported fact goes against the objective truth. 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 contents of the accusation are not false, but rather exaggerated, based on the fact, if it

(3) In the event that a person files a complaint on the grounds of a true objective fact (see, e.g., Supreme Court Decisions 9Do822, Nov. 24, 2000; 200Do5939, Nov. 24, 2000; 2002Do5939, Jan. 24, 2003). In the event that a person files a complaint on the grounds of a true objective fact, he/she is not a legal expert.