무고
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of facts and legal principles), E, G’s statements, CCTV images, etc., the Defendant may report false facts and fully recognize the facts and intention of false accusation by reporting E.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted the instant facts charged.
2. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence of this case, based on the judgment of the court below, was aware that the defendant reported a false rape on the sole basis of the evidence of this case.
On the grounds that it is difficult to see that the assistance in finding the Defendant not guilty of the facts charged in this case is just, and that there was no new evidence that corresponds to the facts charged in this case in the trial of the party, so there was an error of law by misunderstanding facts or by misunderstanding legal principles as pointed out by the prosecutor of the lower judgment,
It does not seem that it does not appear.
Therefore, prosecutor's mistake of facts and misapprehension of legal principles are without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.