The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the defendant not guilty of the facts charged in this case, even though the defendant could have sufficiently known that the agreement on the distribution of inherited property was not forged through objective facts recognized so far, but could have reported false facts for the purpose of having H, E, and D punished by criminal punishment. The court below erred by misapprehending the facts and affecting the conclusion of the judgment

2. Determination

A. In a crime of false accusation, a report of false facts refers to a conclusive or dolusent recognition and report that the reported fact goes against the objective fact, and thus, even if it is inconsistent with the objective fact, if a reporter reports it as a true fact, it shall be deemed that the crime of false accusation is not established. However, it is true in this context.

The phrase means a case in which the reporter cannot be aware that the reported fact is false or might be false even if based on the objective fact known to him/her. It does not include a case in which the reporter knows that the reported fact is false or might be false based on objective fact known to him/her, but does not include a case in which he/she considers that his/her assertion is correct without disregarding it.

(See Supreme Court Decision 2000Do1908, 2000Do62 delivered on July 4, 2000). B.

In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court below, it is reasonable to view that the Defendant had made a complaint of this case under a condition without disregarding his own assertion while recognizing that the reported fact was false or might be false based on objective facts known to the Defendant. Ultimately, the court below acquitted the Defendant as to the facts charged of this case.