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(영문) 대법원 1987. 3. 24. 선고 86도2632 판결

[무고][공1987.5.15.(800),758]

Main Issues

Inviting that the facts against objective facts are true, the nature of such a report and the offense of false accusation

Summary of Judgment

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.

[Reference Provisions]

Article 156 of the Criminal Act

Reference Cases

Supreme Court Decision 82Do1622 Decided December 28, 1982, 83Do2410 Decided May 29, 1984, and 86Do556 Decided September 23, 1986

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Seoul Criminal Court Decision 84No6376 delivered on August 8, 1986

Text

The appeal is dismissed.

Reasons

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)