무고
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Around September 6, 2010, the Defendant presented a written complaint to the civil petition office of the Daegu Suwon Police Station, stating that “D had attended and take an oath of the Defendant as a witness of the case, including the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death or Injury resulting from D Driving) against the Defendant’s Asia, at the court of Sungnam branch of the Suwon District Court on July 6, 2010, and submitted a false testimony to the effect that “When the Defendant is a driver of E by communicating the Defendant to the witness, the Defendant would be subject to punishment, as he would collapse.” The Defendant considered that the F would have been able to live together with the driver.”
However, the Defendant called D around January 2010, and expressed that “E is the same as the driver if he is a driver.” We were punished by imprisonment. F may be considered as a driver.” On February 10, 2010, the Defendant expressed that “F would make a statement to the effect that it was driven by it” from G’s house located in Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City H.
As a result, the defendant reported false facts to D for the purpose of having D punished criminal punishment.
2. Determination
A. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and the requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of the crime of false accusation cannot be acknowledged.
(see, e.g., Supreme Court Decision 2003Do5114, Jan. 27, 2004).