The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the defendant believed that he was assaulted by a correctional officer at the time of the complaint of this case due to mental illness, such as a fatal disorder, etc., the defendant had no intention to make an accusation without awareness that the fact of complaint of this case was false.

Nevertheless, the judgment of the court below which found the defendant guilty of this case's accusation is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of fact, 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 fact. Thus, even if it is inconsistent with the objective fact, if the reporter is convicted of the truth, the crime of false accusation is not established. Here, the conviction of truth refers to the case where even according to the objective fact known to the reporter, the reporter does not have awareness that the reported fact is false, or is likely to be false. It does not include the case where the reporter knows that the reported fact is false or might be false on the basis of objective fact known to him/her, but disregards his/her assertion that his/her assertion is correct (see, e.g., Supreme Court Decision 200Do1908, 200Do62, Jul. 4, 200). 2) The following circumstances acknowledged by the court below lawfully adopted and investigated the evidence, namely, the following circumstances that the correctional officer attempted to inform the correctional officer of his/her request for fingerprint collection of the goods in question.