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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding 1) After hearing that the withdrawal of money temporarily deposited by the investigation agency to meet the company's cash recovery does not constitute embezzlement under the legal doctrine, the Defendant knew that the act does not constitute a crime of embezzlement, and that it was included in the contents of the complaint in order to request the remaining investigation by misunderstanding the legal principles as to the crime of embezzlement on occupational duties, so there was no intention of accusation.
2) Since the Defendant, along with C, has established and operated the pertinent company, with C, a public prosecutor (with respect to a non-crime). Therefore, he/she was accurately aware of the amount of the monthly salary he/she received.
It is consistent with common sense to view.
Therefore, as long as the defendant testified clearly against objective facts, the facts charged about perjury should be found guilty.
B. The punishment sentenced by the court below to the defendant (five million won in penalty) is too heavy or unhued and unfair.
2. Determination
A. 1) Determination as to the Defendant’s assertion of mistake of facts is based on the Defendant’s assertion of mistake, even if the Defendant’s intent is not necessarily conclusive intention, and thus, the crime of false accusation is established by reporting the fact that the reporting person is not true, and it does not require conviction that the reported fact is false. Moreover, the purpose of filing a complaint does not require the other party to be punished, and does not require the other party to pay for trial expenses.
On the other hand, it cannot be deemed that there is no criminal intent for the crime of false accusation (see, e.g., Supreme Court Decisions 2007Do1423, Apr. 26, 2007; 2009Do774, Mar. 12, 2009). 2) Examining the following facts and circumstances recognized by the court below based on the evidence duly adopted and investigated by the court below in light of the above legal principles, the defendant may be found to have filed a criminal lawsuit on this part with the intention of false accusation.
Therefore, the defendant-appellant.