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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant: (a) concluded a contract with Q Q for the construction of the company as the contractor with respect to G commercial building (hereinafter “instant commercial building”); and (b) filed a report on the acquisition and registration tax together with the contract document; (c) there was no reason or permission to allow H to prepare the standard contract document for private construction works with D as the contractor; and (d) the Defendant determined that the standard contract document for private construction works was forged by D; and (e) filed a criminal complaint with D by forging and exercising the document forgery and uttering; and thus, (c) the Defendant did not have any intention to commit a criminal offense; (d) the lower court found the Defendant guilty of this part of the facts charged; and (e) there was an error of law by misapprehending the facts and affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. (1) In a judgment on a mistake of facts, a report of false facts in a crime of false accusation refers to a conclusive or dolusent recognition and report that the reported fact goes against the objective facts. Therefore, even if it is inconsistent with the objective facts, if a reporter reports it as true, it shall be deemed that the crime of false accusation is not established. However, the conviction in this context is true.
The phrase means a case in which the reporter cannot be aware that the reported fact is false or might be false even if based on the objective fact known to him/her. It does not include a case in which the reporter knows that the reported fact is false or might be false based on objective fact known to him/her, but does not include a case in which he/she considers that his/her assertion is correct without disregarding it.
(See Supreme Court Decision 200Do1908, 2000Do62 delivered on July 4, 200, etc.). (2)