The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant filed a false complaint against C without knowing that the sender of the instant text message was not C, or that it was not certain that C was sent.

The court below acquitted the charged facts of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. On May 27, 2014, the Defendant called E to communicate with C around 11:54 on May 27, 2014, but at the time, the aforementioned E mobile phone was used by F, his father, and the F was drank by telephone to the Defendant.

“The phone was cut by talking that “.............”

After that, F divided the contents of the text message sent by the Defendant, and F from around 12:37 on May 27, 2014 to May 29, 2014, to the Defendant’s total amount of 38 times.

C. The Defendant sent text messages that slandered the Defendant, with the content of “Iskh,” which was immediately known to the Defendant’s arms number, including “Iskh, which caused the diversity of

Although the Defendant knew that the aforementioned mobile phone was not used by C, he/she prepared a false complaint stating that “C sent abusive and intimidation to this Defendant over 38 times, thereby creating apprehensions,” and submitted it to the Seoul Western Police Station on July 29, 2014, to C without delay, for the purpose of criminal punishment.

B. (1) The lower court’s judgment: (a) (i) the fact that C has continuously used the aforementioned E number’s mobile phone from around 2003 to around 2013; and (ii) the Defendant expressed that he/she was “A” by walking the above mobile phone number; and (b) he/she expressed that he/she was using the aforementioned mobile phone number; and (c) he/she did not have any reaction.

In doing so, F does not state that it is not C, and “W.”

“After speaking, the Defendant’s talk continued to listen to the Defendant’s talk, it is said that the Defendant’s talked at the last time that reads “the Defendant’s talked by mistake”, ③.