Main Issues

Recognizing the falsity of the reported fact and false accusation;

Summary of Judgment

The report of false facts in the crime of false accusation is sufficient by reporting the fact that it is not true, and it is not necessary to have conviction that the report is false.

[Reference Provisions]

Article 156 of the Criminal Act

upper and high-ranking persons

Prosecutor Kim Byung-hwan

Escopics

Defendant

Judgment of the lower court

Seoul High Court, Seoul High Court, Seoul High Court, etc.

Reasons

In the establishment of a crime of false accusation, deeming that it is unnecessary for a reporting person, who is in need of sufficient conviction by reporting the fact that he/she is true for the purpose of having another person subject to criminal punishment or disciplinary punishment, is a false fact, is already decided by a party member (short-term Supreme Court precedents on March 22, 4288), and there is no reason to revise this even in this context. Accordingly, the lower court is unreasonable to have erred by misapprehending the legal doctrine on the crime of false accusation.