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(영문) 대법원 1988. 2. 9. 선고 87도2366 판결

[무고][공1988.4.1.(821),545]

Main Issues

Intention in the crime of false accusation

Summary of Judgment

Since the criminal intent in the crime of false accusation is not necessarily required to be a conclusive intentional act, it is not sufficient to establish the crime of false accusation by reporting the fact that the reporting person is not true, and it does not require conviction that the reported fact is false.

[Reference Provisions]

Article 156 of the Criminal Act

Reference Cases

Supreme Court Decision 85Do220 Decided April 9, 1985, 85Do220 Decided March 11, 1986, 86Do133 Decided September 9, 1986, and 86Do1063 Decided September 9, 198

Escopics

Defendant

upper and high-ranking persons

Defendant

Judgment of the lower court

Daejeon District Court Decision 1987No623 delivered on October 6, 1987

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence of the first instance court maintained by the court below in light of the records, the court below's decision that found the defendant guilty of facts constituting an offense can be justified and there is no error of law by misunderstanding the rules of evidence or failing to exhaust all necessary deliberations in the selection of evidence or the determination of evidence. Since the criminal intent in a crime without accusation is not necessarily required to be a conclusive intentional act, it is sufficient that the crime without accusation is established by reporting the fact that the reporter is not true, and that the reported fact is false (see, e.g., Supreme Court Decision 86Do133, Mar. 11, 1986; 86Do1063, Sept. 9, 1986).

As the court below decided, if the defendant has filed several complaints or complaints against the victims, but the investigation by the authorities conducted the same facts, and again filed a new complaint on the ground that it is not suspected, it cannot be said that there is no actual perception of the falsity of the reported facts, i.e., an intention of false accusation.

In the same purport, the court below was just in recognizing the defendant's intention to commit a false accusation, and there is no error of law by misunderstanding the legal principles as to a false accusation, such as a theory of lawsuit. The arguments are groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-sik (Presiding Justice)