The defendant shall be innocent.

On October 2, 2015, the Defendant received a false complaint with respect to D in the Seoul Central Public Prosecutor's Office located in Seocho-gu Seoul Central Public Prosecutor's Office, Seocho-gu, Seocho-gu, Seoul.

The gist of the accusation was that “after the completion of the Macroposium on December 30, 2014, Defendant D, as the head of the E dental clinic, was a defect in coffee and forced to attract the complainant to the bend, and the satise the satisf by placing the sat on the bend, placing the satisf by placing the sat on the bend, placing the satisf on the bend, forced the satisf by promptly committing an indecent act by exposing the satisf, and forced the satisf by exposing the satisf by exposing the sat, but the satisf was punished by attempted to commit an attempted act by the satisf.”

However, in fact, the defendant returned to the hospital's workplace, including D, after completing an annual meeting with D, and did not have any sexual assaulted against D, by leading D, or leading D.

Nevertheless, at the time of the meeting, the Defendant, using the fact that D had been under the influence of alcohol at the time of meeting, was unable to well memory the remaining situation at the time of meeting, received money from D, and had D receive criminal punishment. In order to have D receive criminal punishment, the Defendant submitted to the public official in charge of receipt of a written accusation containing false facts to the public official in charge of receipt of a written accusation in name.

Accordingly, the defendant reported false facts to the public official for the purpose of having D receive criminal punishment.

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. The report is a false fact that goes against the objective truth only with the passive proof that the truth of the reported fact cannot be recognized.