The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. The Defendant submitted a written petition to a police officer for the purpose of finding the whereabouts of his/her mother with the assistance of a police officer, and the Defendant did not submit a written petition for the purpose of having B, who is a student, receive criminal punishment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The summary of the facts charged is the pro-friendly punishment B.

On July 30, 2017, the Defendant drafted a written petition and a written request for investigation (hereinafter “written petition of this case”) with the intent of having B obtain criminal punishment from the Defendant’s house located in Changwon-si, Changwon-si, the Defendant, using the pen to the effect that “B abandons his mother-child D, who requires assistance due to old age, illness, or any other circumstances, in a way that it is impossible to identify him/her, and thus, does not contact with his/her mother-child with him/her.”

However, in fact, B had been living together in the place of residence by requiring the mother who suffers from the target spawn to be hospitalized or treated at the hospital.

Nevertheless, at around 15:20 on July 31, 2017, the Defendant submitted a written petition to a police officer who is unable to know his/her name at the Masan-dong Police Station civil service center, Masan-si, Masan-si, Masan-si, Masan-si, 56-ro, Masan-si,

B. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence presented in its judgment.

C. 1) In the case of a false report, there is sufficient awareness that another person would be subject to criminal or disciplinary action in the course of making a false report (see, e.g., Supreme Court Decision 2005Do2712, Sept. 30, 2005). The burden of proof for criminal facts prosecuted in a criminal trial lies with the prosecutor, and the recognition of guilt is a judge.