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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the fact that the defendant was not guilty, although it is sufficiently recognized that the defendant did not know that the letter of confirmation of October 21, 1999 was not forged by C, which was sent on March 24, 201 by Suwon District Court 201Ra 379, Suwon District Court C on March 24, 201, and that the letter of confirmation of October 21, 199 was not forged by C.
2. Determination
A. On December 28, 2012, the Defendant: (a) requested C to a law firm D’s attorney-at-law who may know of such circumstances to prepare a false complaint against C by using a computer for the purpose of having C receive criminal punishment.
The statement of the complaint states that "The defendant C, a computer in the name of the complainant, forged a letter of confirmation on October 21, 1999 and a letter of confirmation on October 21, 1999 prepared by computer, and submitted it to the court of the case of immunity No. 2014, Mar. 24, 2011 to the court of the case of immunity No. 2011, Apr. 379, 201, and thus punished."
However, there is no fact that C has forged the above certificate and a letter.
Nevertheless, on December 28, 2012, the defendant submitted the above complaint to an employee who is unable to know his name in the Suwon District Public Prosecutor's Office's Office of Suwon-si 80, Suwon-si, Suwon-si.
Accordingly, the defendant reported false facts to public offices for the purpose of having C receive criminal punishment.
B. The lower court acknowledged the following facts based on the records of the instant case.
A) On December 28, 2012, the Defendant filed a complaint with C around December 28, 2012 for the charge of forging a private document and uttering of the said investigation document. On April 7, 2010, C submitted the case of immunity No. 2166 to the Defendant, with the Suwon District Court 2009, around April 7, 2010, ① The written confirmation of the Defendant on October 21, 199, prepared by a computer, with the evidence No. 1 (No. 409 for each investigation record, No. 409).