The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal presented by the Defendants to the investigation agency with the knowledge of the falsity of the written complaint as stated in the facts charged, and submitted the above written complaint to the investigation agency, thereby rendering the J and J.

Therefore, the judgment of the court below which rejected the establishment of the crime of false accusation on the ground that the defendants' intention cannot be recognized, was erroneous in the misapprehension of facts and affected the conclusion of the judgment

2. Determination

A. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and thus, the requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of a crime of false accusation cannot be acknowledged (see Supreme Court Decisions 96Do599, Feb. 24, 1998; 2008Do4340, Feb. 26, 2009). Meanwhile, in a criminal trial, the recognition of guilt must be based on evidence with probative value that leads to a judge to have the conviction that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form the conviction, even if there is no evidence to establish such a degree, it should be determined as a defendant’s interest with a reasonable doubt (see Supreme Court Decision 2004Do5314, Jan. 27, 2004).

보기 어렵다는 근거로 제시한 원심 판결문 제 9쪽부터 제 16 쪽의 ① 항부터 항까지의 사정들에 기록에 나타난 아래 ㉠ 항 내지 ㉣ 항의 사정들을 보태어 보면, 무고죄의 성립을 부정한 원심의 판단은 정당하다.

The Commission and J shall prepare in writing prior to signing the self-agreement on September 2007 and the self-agreement on February 28, 2009.