The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant did not know the victim as stated in the judgment below, as the facts constituting the crime of the court below.

2. Determination

A. Even if a reported fact is inconsistent with objective facts in a crime of false accusation, if the reported person is true and reported, the crime of false accusation is not established, but is true.

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.

B. (See, e.g., Supreme Court Decision 2006Do6347, May 29, 2008).

The evidence duly adopted and examined at the court below. Around October 31, 2018, the defendant was asked by phone to the victim and asked the victim about October 31, 2018, and the victim told that he would continue to wait before the victim's refusal. On that day, the victim's dialogue was divided with her husband during waiting for the victim's real estate office. The victim and her husband sent hand to the victim and her husband, and the defendant stated consistently that "the victim and her husband want to die in a place withoutCCTV." The defendant stated that the victim and her husband wanted to die in the police report on the same day. The defendant, upon receiving the above report, stated that "after being called by the police, I will deliver the end of the week," or that he did so in the string of the string of oil in the vehicle.

In addition, objective facts are mentioned above.