All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A merely told Defendant B and C that “I find a siren by finding out a siren,” and did not instruct Defendant A and C to make a false report.

Nevertheless, Defendant A and C conspired with Defendant B and C to commit an offense without accusation as described in the facts charged.

The judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts or legal principles.

B. According to the records of this case, even if Defendant B received a notice of receipt of the records of trial on May 26, 2017, Defendant B failed to submit a statement of reason for appeal within the period for submission of a legitimate statement of reason for appeal, and no reason for appeal exists in the petition of appeal, and even if examining the record, the reason for ex officio investigation cannot be found.

Therefore, pursuant to Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss Defendant B’s appeal should be made; however, as long as a judgment is rendered on Defendant A’s appeal, a separate decision to dismiss an appeal shall not be rendered, and a decision shall be rendered (see Supreme Court Decision 69Do143, May 27, 1969). 2. The lower court’s judgment on Defendant A’s appeal is not unlawful even if the appeal is dismissed by judgment (see Supreme Court Decision 69Do143, May 27, 1969). The lower court convicted Defendant A based on the evidence duly adopted and examined by the lower court.

In light of the following circumstances that can be recognized by the evidence duly admitted and investigated by the court below, Defendant A can sufficiently recognize the fact that Defendant A conspired with Defendant B and C to report the theft of the vehicle in collusion with the Defendant B and C as stated in the facts charged in the instant case, thereby making a false report.

① In the police investigation and prosecutorial investigation, C is not required to consistently find a siren as indicated in the facts charged (hereinafter “instant siren”) even if Defendant A first filed a theft report.