The prosecutor's appeal is dismissed.

1. The court below found the defendant not guilty despite the fact that the prosecutor submitted the summary of the grounds for appeal and the evidence presented by the prosecutor. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. 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 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). Furthermore, the conviction in a criminal trial should be based on evidence with probative value that leads to a judge to believe that the facts charged are true to the extent that there is no reasonable doubt, and if there is no evidence establishing such a degree of conviction, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

On the other hand, the court below's decision that the defendant's statement was insufficient to consider that the defendant's statement was false, or that it was merely an exaggeration of the defendant's report's circumstances is just and there is no error of misconception of the facts. Thus, the prosecutor's assertion is without merit.

① As to the issue of false accusation against E, E, which was an administrative dissemination officer at the time, citing the death degree around September 2010, 2010, is interested while admonishing the Defendant who was an affiliated unit.