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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
According to the evidence submitted by the prosecutor, although the defendant recognizes that the facts charged in this case were objectively false, the defendant can be found to have reached the complaint in this case, the judgment of the court below which acquitted the defendant of the facts charged in this case by misunderstanding the facts or misunderstanding the legal principles
Judgment
Since 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, the requirement that the reported fact goes against the objective fact requires positive proof, and only the passive proof that the authenticity of the reported fact cannot be recognized, deeming the reported fact as a false fact going against the objective truth, and thereby establishing the crime of false accusation cannot be recognized.
On the other hand, the intention of the crime in the crime of false accusation is not necessarily required to be a conclusive intention, and it is sufficient to do so with willful negligence.
As such, the crime of false accusation is established by reporting a fact that is not true that the reporting person is false, and it does not require conviction that the reported fact is false (see, e.g., Supreme Court Decision 2005Do4642, May 25, 2006): Provided, That the term “a false report” refers to a conclusive or dolusent recognition and reporting that the reported fact goes against objective facts, and thus, even if the reported fact is false contrary to objective facts, it shall be deemed that there is no intention to false accusation if there is no perception of the falsity.
(see, e.g., Supreme Court Decision 2002Do5939, Jan. 24, 2003). In light of the above legal principles, the health care unit in the instant case, and the evidence duly adopted and examined by the lower court, the following circumstances are additionally recognized.
The facts of the complaint in this case are stated in the judgment below.