무고
The defendant's appeal is dismissed.
The summary of the grounds for appeal (fact-finding) is that the defendant issued a certificate of personal seal impression at the request of G attorney-at-law and entered only the address, resident registration number, and name in blank, and the title and content of the certificate are supplemented by G attorney-at-law; the defendant stated that there was no space between G attorney-at-law office on November 3, 201, the date when the certificate of personal seal impression and the certificate are prepared; G attorney also stated that the defendant returned the certificate of personal seal impression and the certificate of personal seal impression were returned, and the fact that the defendant lost the tear in front, it is recognized that he did not have a criminal intent. Thus, the court below erred in the misapprehension of facts that the court found the defendant guilty on the sole ground of the witness's testimony without credibility, which affected the conclusion of the judgment.
The crime of false accusation related to the determination of the defendant's assertion of mistake is established when another person reports false facts to a public office or a public official for the purpose of having a criminal punishment or disciplinary action against the defendant. Here, the crime of false accusation is established when a person reports false facts to the public office or a public official. As such, even if a part of a reported fact contains false facts, such false facts are not an important part affecting the nature of a crime, but merely an exaggeration of reported facts, it does not constitute a crime of false accusation (see, e.g., Supreme Court Decisions 96Do71, May 31, 1996; 2002Do5939, Jan. 24, 2003). However, if a part of a false fact makes a change in the whole nature of the reported facts to the extent that it might cause the State to take trial action or infringe the legal stability of an individual who is not unfairly punished, it can be established.