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The defendant is not guilty. The summary of this judgment shall be announced publicly.
Reasons
1. Around 10:00 on May 4, 2015, the Defendant made a verbal report on F with a view to having F take criminal punishment against the party E, etc. working at a police box belonging to the Namyang-si Police Station located in Namyang-si, Namyang-si.
The oral report was about 11:00 on May 3, 2015, that "the F committed an indecent act in a manner that the Defendant was frightly committed on the part of the Defendant in the same place as that of the Defendant’s baby in the Namyang-si located in G, Nam-si."
However, in fact, F did not have any fact that the chest was delivered to the defendant by hand.
Accordingly, the Defendant reported false facts to the public officials.
2. Determination
A. The prosecutor bears the burden of proving the facts charged in a criminal trial.
The acknowledgement of guilt shall be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt.
If there is no such evidence, even if there is no such evidence, the defendant is suspected to be guilty.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 201Do7261 Decided November 10, 201, etc.). Meanwhile, inasmuch as the crime of false accusation is established when the reported fact goes against the objective truth with the aim of having another person subject to criminal punishment or disciplinary disposition, the requirement that the reported fact goes against the objective fact ought to be proven actively.
The establishment of an offense of false accusation cannot be recognized solely by the passive proof that the truth of the reported fact cannot be recognized, by readily concluding that the reported fact is false against the objective truth.
(See Supreme Court Decision 2005Do4642 Decided May 25, 2006, etc.). Although there is no room to doubt the falsity of reported facts, it cannot be said that there is no room to doubt the falsity of reported facts, it is insufficient to readily conclude the falsity thereof.