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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The Defendant of mistake of facts and misapprehension of legal principles did not normally perform the duties of the head of the management office on behalf of the head of the management office F of the B apartment (hereinafter “the apartment of this case”), and even if D performed this, it is difficult to view that the Defendant recognized the fact of the instant accusation and accusation as false because there is no legal ground to pay the head of the management office of the apartment of this case.
Nevertheless, the court below convicted the charged facts of this case. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.
The sentence of unfair sentencing (10 months of imprisonment) by the lower court is too unreasonable.
Judgment
In the case of the crime of false accusation related to the determination of facts and misapprehension of legal principles, even if the criminal intent is not a conclusive intention, the crime of false accusation is established by reporting the fact that the reporting person is not true, and the fact of such reporting is false, and it cannot be said that there is no criminal intent of false accusation on the ground that the purpose of filing a complaint is not to punish the other party, and that the purpose of filing a complaint is not to make the other party punished, and that there is no intention of the crime of false accusation.
(See Supreme Court Decision 2009Do774 Decided March 12, 2009, etc.). In addition, in a crime of false accusation, a report of false facts refers to a conclusive or dolusent recognition that a reported fact goes against the objective fact, and a report is made, so even if it is inconsistent with the objective fact, if the reporting person is true and reported as a true, the crime of false accusation shall not be established. However, the conviction in this context is true.
reporting person is not aware that the reporting person is false or may be false, even if based on objective facts known to him.