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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below is erroneous in finding the defendant guilty, although the defendant cannot be found guilty of the grounds for appeal.
Although the defendant had affixed a seal to C, the defendant who had sent the seal differently from the intention of the defendant was accused of the forgery, so there was no intention of accusation.
2. The term “report of false facts in the crime of false accusation” means a final and conclusive or dolusent recognition of a fact reported contrary to objective facts, and a report.
The statement of false facts is sufficient to the extent that the right to investigate is urged, and it is sufficient to report false facts when it is concealed and reported even though the existence of a crime was known to the knowledge of the grounds for rejecting the establishment thereof.
(see, e.g., Supreme Court Decision 97Do2956, Mar. 24, 1998). In addition, a reporter’s conviction in reporting the truth should not be established when he/she reported it to the truth. 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.
(2) The Defendant, at the time of filing a complaint, filed a complaint on July 4, 200 (see, e.g., Supreme Court Decision 2000Do1908, 2000Do62, Jul. 4, 200). The Defendant filed a complaint with the Defendant that “C has forged a muster notice with the Defendant’s seal affixed by the Defendant,” which stated “the fact that the Defendant affixed the Defendant a muster notice.” The facts of the complaint themselves are likely to independently act as a trial action of the State or infringe on the legal stability of the Defendant, and thus, are also objective facts known to the Defendant.