무고
The prosecutor's appeal is dismissed.
1. The court below found the defendant not guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts, although it is not merely a mistake in the subjective evaluation of law or merely an exaggeration of the circumstances of the reported facts, a report as to the violation of the duty to inform the defendant of the facts of this case cannot be prosecuted by the contents of the report itself.
2. Judgment on the assertion of mistake of facts
A. On August 9, 2018, the Defendant submitted a written complaint to the Daejeon District Prosecutors’ Office for the purpose of having B be subject to criminal punishment, for insult and intimidation, with the intent of having B be subject to criminal punishment.
At around 15:00 on December 15, 2017, B made an insult to the Defendant at the hotel hotel ro of Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoul at the time of 15:00 on the complaint, as “I will make a criminal complaint against the Defendant”, and as B made a intimidation at the office of the Ministry of Employment and Labor, around 14:00 on July 14:0, 2018, B made a criminal complaint against the Defendant “I will make a criminal complaint against the Defendant”, and B did not insult or threaten the Defendant.
Accordingly, the defendant did not appeal B.
B. The lower court determined on the grounds stated in its reasoning that: (a) a report on insult was filed by a victim subject to victim’s complaint, and the filing of a public prosecution is clearly possible after the lapse of the filing period of the complaint; and (b) a report on intimidation did not constitute a crime of false accusation because it was merely a mistake in the subjective legal assessment rather than a report of false facts, or merely an exaggeration of the circumstances of the reported fact, and thus does not constitute a crime of false accusation.
C. The judgment of the court below is erroneous.