무고등
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the reasons for the prosecutor’s appeal in light of the record, we affirm the lower court’s finding the Defendant not guilty of the charges of false accusation against AC and theless accusation against AD, on the ground that there is no proof of crime.
In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
2. As to the grounds for appeal by the defendant
A. Examining the grounds of appeal Nos. 1 and 2 in light of the evidence duly admitted, the lower court’s finding the Defendant guilty of each of the charges against X and AC is justifiable.
In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding “the false report of fact” and “the act of aiding and abetting,” which are the elements for establishing the crime of false accusation, or by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.
B. As to the third ground for appeal, the lower court, taking into account the various circumstances as stated in its reasoning, determined that the Defendant did not actually acquire it.
The money and other valuables or benefits claimed are the expenses disbursed in the course of committing the crime of violation of the law or the consumption of the money actually reverted to the defendant, and the defendant collected 30,500,000 won in return for handling legal affairs.
The judgment below
Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the above measures of the court below are acceptable.
In so doing, the lower court did not err by misapprehending the legal doctrine on additional collection as alleged in the grounds of appeal.
3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.