[무고][공1987.5.15.(800),758]
Inviting that the facts against objective facts are true, the nature of such a report and the offense of false accusation
A report in a crime of false accusation refers to a report without conviction that the reported fact is false or true, and therefore, even if it is inconsistent with objective facts, if a reporter is true and reported as true, the crime of false accusation shall not be established.
Article 156 of the Criminal Act
Supreme Court Decision 82Do1622 Decided December 28, 1982, 83Do2410 Decided May 29, 1984, and 86Do556 Decided September 23, 1986
Defendant
Prosecutor
Seoul Criminal Court Decision 84No6376 delivered on August 8, 1986
The appeal is dismissed.
We examine the grounds of appeal.
In light of the records, the court below rejected the evidence as shown in the facts charged of this case on the ground that the court below did not have credibility and found the defendant not guilty on the ground that the facts charged of this case did not prove a crime, and there is no violation of the rules of evidence selection as pointed out in the theory of lawsuit.
A report in a crime of false accusation refers to a report without conviction that the reported fact is false or true, and thus, even if it is inconsistent with objective facts, if the reporting person is true and reported as true, the judgment of the court below to the same effect that the same crime of false accusation is not established is justified, and there is no illegality, and there is no ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Il-young (Presiding Justice)