Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 20, 2016, the Defendant drafted a written complaint against C with a view to having C receive criminal punishment from the defendant's house located in Daejeon Daejeon Daejeon Daejeon-gu.

The defendant C had approximately 30 points of tools, such as a carter, which is the defendant's possession, and thus, stolen them. The above facts C did not constitute a theft of the defendant's tools.

Nevertheless, on November 9, 2016, the Defendant submitted a written complaint to the police officer who is unable to know his name at the public service center of the Daejeon Police Station, which was located in 1417-h, Seo-gu, Daejeon, Daejeon, Daejeon, Seoul, to submit the above written complaint to the police officer who was unable to know his name.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Statement made by the police against the defendant;

1. Complaint;

1. Application of tools, photographs and Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Inasmuch as the Defendant did not have the awareness that the accusation was false, the charge of false accusation is not established.

2. Determination

A. The crime of false accusation is established when another person reports the fact that there is no conviction in the truth for the purpose of having him/her criminal or disciplinary action, so the reporting person does not need to be convicted of false reporting (see, e.g., Supreme Court Decisions 90Do1065, Oct. 12, 1990; 2006Do8638, Mar. 29, 2007). (b) In light of the following circumstances acknowledged by the record, it is reasonable to view that the Defendant reported the fact that there is no conviction in the truth, and therefore, the Defendant is established a crime of false accusation against the Defendant.

(1) The defendant has stolen a construction section.

The point of time of assertion is 2013, and C becomes aware that the Defendant’s tools were stolen.

time of assertion.