무고
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal was from February 10, 2014 to serve as the chief of the management department of C Commercial Building Management Group (hereinafter “Management Group”), and was the only employee of the Management Group.
On April 4, 2014, two months prior to entry, the Defendant prepared a written complaint in the judgment in accordance with the direction of the president, G and executive officers of the C Commercial Building Representative Council (hereinafter referred to as the “Representative Council”) on April 4, 2014, and sent the final proposal to G to the person in the name of the complainant after receiving advice from the attorney, and as G affixed a seal, submitted it to the Prosecutor’s Office according to the direction of
Since the contents of the written complaint are prior to the entry of the defendant into the management unit, the defendant cannot confirm the authenticity thereof, and there was no awareness that the contents of the written complaint are false.
In addition, the defendant was engaged in affairs according to the direction of the meeting of the representative, and did not intend to commit the crime of false accusation in collusion with the complainant G.
2. Determination
A. The crime of false accusation in relevant legal doctrine is established when a report is filed with a false fact without conviction for the purpose of having another person receive criminal or disciplinary action. As such, the reporting person’s conviction does not require conviction that the reported fact is false (see, e.g., Supreme Court Decision 2012Do4531, Dec. 24, 2014). B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant committed the instant crime in collusion with G at least under the condition that the content of the written complaint in the judgment is true.
It is reasonable to view it.
Therefore, we do not accept the grounds for appeal by the defendant.
1) At the time of interrogation, the Defendant stated in the prosecutorial office that “the representative of the management unit has gathered and failed to do so in the first instance trial.” As such, in order to win the second instance trial, data should be collected, and in order to collect data, criminal appeal should be filed.”