All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

misunderstanding of facts: The defendant did not cause intimidation or interference with business and did not cause harm to E.

In addition, even if each of the above facts was found guilty, the Defendant did not have any intention to commit a false accusation on the ground that each of the complaints filed by C and E is different from the facts.

Nevertheless, each judgment of the court below which convicted each of the facts charged of this case was erroneous.

Unfair sentencing: The punishment of each judgment of the court below against the defendant (the first judgment: imprisonment for 10 months, the suspension of execution for 2 years, community service, 80 hours, and the second judgment: the fine of 3 million won) is too unreasonable.

Prosecutor: The type of the first instance judgment against the Defendant is too unhued and unreasonable.

In the relevant legal principles of determining the assertion of mistake of facts, a report of false facts refers to a conclusive or dolusent recognition and report that the reported fact goes against the objective facts. Therefore, even if it is inconsistent with the objective facts, if the reporter is true and reported as true, it shall not constitute an offense of false accusation. However, the conviction in this context is true.

The phrase means a case in which the reporter cannot be aware that the reported fact is false or might be false even if based on the objective fact known to him/her. It does not include a case in which the reporter knows that the reported fact is false or might be false based on objective fact known to him/her, but does not include a case in which he/she considers that his/her assertion is correct without disregarding it.

(see, e.g., Supreme Court Decision 2000Do1908, Jul. 4, 2000). On the other hand, the criminal intent in the crime of false accusation is not necessarily required to be a conclusive intention, but is sufficient for dolusent intent.

As such, there is no conviction that the reporter is true.