The defendant's appeal is dismissed.

All applications filed for adjudication on the unconstitutionality of statutes in 2019 early 17 and 2019 early 18 are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, incomplete deliberation, and violation of the rules of evidence, “B submitted a receipt of forged intermediate payment to the court in order to purchase the real estate attached to the list of real estate (hereinafter “the instant real estate”) from the Defendant and not pay the intermediate payment,” and submitted to the police (hereinafter “the complaint of this case”) by the Defendant, does not constitute a false fact contrary to objective truth.

Although the Defendant sold the instant real estate, he did not receive a percentage of the sales price, and submitted the instant complaint to recover the right, and there was no intention to commit a false accusation against the Defendant.

Nevertheless, the judgment of the court below which found the defendant guilty on the facts charged in this case is erroneous in the misapprehension of legal principles, incomplete hearing, and violation of the rules of evidence.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts or misapprehension of legal principles is established when a person reports a false fact contrary to objective truth with the aim of having another person punished, etc. In such a case, whether the reported fact is false or not should be determined depending on whether the core or important contents of the reported fact are false or not in connection with the elements of the crime (see, e.g., Supreme Court Decisions 91Do1950, Oct. 11, 1991; 2003Do7487, Feb. 10, 2006; 2003Do7487, Feb. 106). Furthermore, even if the reported fact is inconsistent with objective facts, if the reported person is true and confirmed as true, it should not be established as a crime of false or false accusation. However, it is true that the reported fact is true or true.

reporting is false, even if it is based on objective facts known to the reporting person; or