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The prosecutor's appeal is dismissed.
Reasons
1. On March 15, 2016, the summary of the grounds for appeal lodged a complaint with H and I to an investigative agency (hereinafter “instant complaint”). In full view of the written statement of the complainant or the written statement by the complainant, it is evident that the Defendant filed a complaint with H and I for the crime of property damage and interference with business, as well as for the crime of property damage.
However, in light of the fact that the Defendant’s representative C Co., Ltd. (hereinafter “C”) discontinued its business before the instant complaint was filed, and that the owners of guest rooms operated by C entered into a lease agreement with H, etc., the Defendant or C did not have any duty of interference at the time of the instant complaint.
Therefore, there may be room to view the part concerning the damage and damage of property among the complaint of this case merely exaggerations the circumstances, but it is not the part concerning interference with business.
In a case where an accusation is filed based on several facts of suspicion, if some of the facts is false, the part of such false fact constitutes a false accusation independently, and thus, the Defendant shall be deemed to have committed a false accusation. However, the lower court erred by misapprehending the legal doctrine that acquitted the Defendant, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, a false report refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and even if the reported facts are false contrary to objective facts, there is no intention to make a false accusation if there is no awareness of the falsity.
Therefore, if the contents of the complaint are not false facts, but are merely exaggerated based on facts, the crime of false accusation is established.