The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Around December 7, 2016, the Defendant submitted a false complaint with respect to C at “The Busan Western Police Station” located in Seo-gu, Busan, Seo-gu, Busan.

The complaint filed by the defendant C around 16:00 on March 25, 2016, with E without any reason from the front corridor of the officetel 503-1 located in Seo-gu Busan, Busan around 16:0 on March 25, 2016.

In doing so, while taking a bath, such as “Chewing .....”, the complainant was punished for a limited period of eight months, where he/she saws the complainant’s eye and face part, etc., and received treatment for eight months.”

However, in fact, the defendant did not dispute with E at the time, but did not have any fact against C.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

2. Determination

A. 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, and thus, the requirement that the reported fact goes against the objective fact requires positive proof. The crime of false accusation cannot be established by readily concluding that the reported fact goes against the objective truth solely with the passive proof that the authenticity of the reported fact cannot be recognized (see Supreme Court Decision 2005Do4642, May 25, 2006). If there is no room for doubt that the reported fact is false, it shall be deemed that there is no proof if it is insufficient to readily conclude that it is false (see Supreme Court Decision 85Do1890, Nov. 12, 1985, etc.). In addition, in a criminal trial, the prosecutor bears the burden of proving the criminal facts charged in a single criminal trial, and since the conviction has the probative value that the facts charged are true to the extent that there is no reasonable doubt.