The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. In the course of misunderstanding of facts and misunderstanding of legal principles, the victim and the victim about the day of the instant case who attempted to enter the Defendant’s house were injured by the type force of the Defendant’s use. However, although the victim stated somewhat differently the specific point of time in which the victim exercised the tangible power in the complaint, it is merely a minor part that does not affect the nature of the crime.

In addition, even though the evidence submitted by the prosecutor alone did not prove that the victim inflicted injury on the defendant was false, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby convicting the defendant of the charges.

B. Even if the conviction of an unreasonable sentencing is recognized, the lower court’s punishment (two million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the crime of false accusation is established when the reported facts are false facts contrary to objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, so the requirement that the reported facts are false facts contrary to objective facts should be proven actively. Only with the passive proof that the authenticity of the reported facts cannot be recognized, the establishment of the crime of false accusation cannot be recognized by concluding that the reported facts are false facts contrary to objective truth (see, e.g., Supreme Court Decisions 96Do599, Feb. 24, 1998; 2003Do5114, Jan. 27, 2004). In addition, the criminal intent in the crime of false accusation is not necessarily required to be a conclusive intention, and it is sufficient to do negligence intentionally.

As such, the crime of false accusation is established by reporting the fact that the reporter is true, and it is not necessary to have conviction that the reported fact is false, and also criminal punishment in the crime of false accusation.