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TITLE | Supreme Court Decision 2018Do2614 Decided July 11, 2019¡¼False Accusation¡½ [full Text] |
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Summary | |
[1] Requirements for the establishment of the crime of false accusation Whether the crime of false accusation can be recognized by readily concluding the falsity of the reported facts on the sole basis of negative evidence with which the veracity of reported facts cannot be confirmed (negative) In the case where part of the reported content goes against the objective truth, but is simply an exaggeration of the circumstances of reported facts, whether the crime of false accusation is established (negative) [2] Matters to be considered in the determination of the probative value of statements made by the victims of sexual assault or sexual harassment In the case where a person alleging to be a victim of sexual assault, etc. reported such facts, but the prosecutor rendered a non-prosecution disposition, or the court found the accused not guilty of the reported facts on account of insufficient evidence, etc., whether the same legal principle ought to be considered in the determination of whether the crime of false accusation is established in the case where such reported contents are inconsistent with objective facts (affirmative) [3] Whether the crime of indecent act by compulsion includes cases of sudden indecent acts, in which the act of assault, by itself, is recognized as an indecent act (affirmative), and in such a case, the degree of assault required |