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

1. Around December 7, 2012, the Defendant: (a) drafted a false complaint with respect to C at the Daejeon Middle Police Station located in Daejeon Jung-dong 496-1, Daejeon Jung-dong; and (b) drafted a false complaint with respect to C.

A written complaint is that “Around 19:00 on October 16, 2012, the Defendant (C) was found to be a F restaurant located in the Jung-gu, Daejeon, where the Appellant (Defendant) operated with the Lessee (Defendant) and requested a refund of D’s deposit, the complainant was able to drive the restaurant at the right end twice, and the complainant committed violence on two occasions, and continued to stop driving,” and that C was not at the time when the Defendant was found.

Nevertheless, the defendant submitted the above complaint to the public service center of the Daejeon Middle Police Station on the same day 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. As such, the requirement that the reported fact goes against the objective truth requires positive proof. The establishment of the crime of false accusation is not 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. Even if part of the reported content goes against the objective truth, if it is merely an exaggeration of the circumstances of the reported fact, the crime of false accusation is not established (see, e.g., Supreme Court Decision 2008Do7451, Nov. 11, 2010).

According to the records, G, the husband of the defendant, was leased to D with one square of the house located in Daejeon Jung-gu, Daejeon, and D, around October 15, 2012, the defendant himself.