beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of the Prosecutor’s Grounds for Appeal: The court below erred by misapprehending the facts, which affected the conclusion of the judgment, although it was possible to find the Defendant guilty of the facts charged in this case.
2. Determination
A. The summary of the facts charged in the instant case is as follows: (a) the Defendants conspired to submit a false complaint on the signboards of the cafeteria “D” restaurant operated by the Defendants; (b) even though, on June 29, 2016, the successful bidder of the said building E, he was aware that there was no right by giving up his right after receiving KRW 3,00,000 from E, the successful bidder of the said building; (c) the F, who was requested by E, removed the signboards, and (d) the public service center of the Yananan-gu Office located in 17-ro 7-gil-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on January 12, 2017, submitted a false complaint to the effect that “the Defendants punished the signboards owned by F,” and (d) Defendant B continued to appear at the Asan Police Station located in Busan-ro 370-15 around March 2, 2017, reported the fact that “F was damaged by destroying and damaging the signboards owned by F.”
B. The lower court found the Defendants not guilty on the ground that “In light of the following circumstances, the Defendants’ above details of the accusation are not any false fact, and the circumstance was not somewhat exaggerated on the basis of facts, or the Defendants made the above accusation as a result of an erroneous evaluation of the legal validity of the instant surrender of the name, and it is difficult to deem that the Defendants were aware of falsity, and thus, the Defendants cannot be deemed to have committed a crime of false accusation.”
(1) The real estate for which E completed compulsory execution under the real estate delivery order is limited to the building of this case located on the H land of this case, and the land of this case where the signboard of this case is located was not subject to its execution.