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

1. On January 27, 2018, the Defendant: (a) called “C” in the Ulsan-gun, Ulsan-gun; (b) reported that “C was assaulted; (c) as soon as possible; and (d) prepared and submitted a false statement about E and F at a police box located in the Ulsan-gun, Ulsan-gun.”

The written statement was “C was subject to unilaterally assault from the other forms of conduct (E and F), such as drinking alcohol. Strictly investigating the instant case,” and the reported person did not assault the Defendant. However, there was only fact that C did not assault the Defendant.

In this respect, the defendant was sentenced to criminal punishment by E and F for the purpose of having them receive criminal punishment.

2. Determination:

A. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and the requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of the crime of false accusation cannot be acknowledged.

(See Supreme Court Decision 201Do15767 Decided February 13, 2014 (see, e.g., Supreme Court Decision 2011Do15767). Furthermore, a report of false facts refers to a conclusive or dolusent recognition and report that the reported fact goes against objective facts. Even if the reported fact is false contrary to objective facts, if there is no awareness of such falsity, it does not constitute an intentional accusation. Even if a part of the reported matter contains any content contrary to objective truth, the overall content of the complaint is not a false fact, but rather a somewhat exaggerated fact based on such facts.