[무고][공1986.10.1.(785),1274]
(a) Details of the crime of false accusation;
(b) the meaning for the purpose of having a criminal punishment in the crime of false accusation;
(a) In the establishment of an offense of false accusation, it is not required that the reporter is satisfied by reporting the fact that is not true with the intention of having another person receive criminal or disciplinary action, and that the reported fact is false.
(b) The purpose of criminal punishment for the crime of false accusation is to make a false report when there is a perception that another person would be subject to criminal punishment due to the false report, and it is not necessary to ensure that the result of the report wishes to occur.
(b)Article 156 of the Criminal Code;
A. Supreme Court Decision 84Do2774 delivered on February 26, 1985, 85Do220 delivered on April 9, 1985, and 86Do133 delivered on March 11, 1986
Defendant
Defendant
Chuncheon District Court Decision 86No196 delivered on May 28, 1986
The appeal is dismissed.
The thirty-five days of detention days after the appeal shall be included in the original sentence.
The grounds of appeal are examined.
1. In the establishment of the crime of false accusation, it is sufficient to report the fact that there is no conviction of the truth for the purpose of having another person be subject to criminal or disciplinary action, and it is not necessary to prove that the reporting person is false. As such, the withdrawal of the defendant from the Kansung Mining Center constitutes the so-called crime of false accusation, based on the premise that, even though the physical and aptitude test was voluntarily withdrawn, the name of the disease, which is vertebrate separation certificate, was written arbitrarily in the body and aptitude test document, and the name of the disease, which is vertebrate separation certificate, was written arbitrarily in the body and aptitude test document, was forged, affixed by misappropriation the seal of the intention and reported it to
The defendant submitted a written complaint in order to resist the suppression of unfair dismissal, and there was no intention to have the non-indicted subject to criminal punishment. However, in the case of false accusation, the purpose of having the non-indicted subject to criminal punishment is sufficient if there is a perception that other persons would be subject to criminal punishment in making a false report, and it is not necessary until the result of the report wishes to occur. The argument is groundless.
2. In addition, according to the evidence duly admitted by the court below, the findings of fact by the court below are acceptable and there is no error of law by misunderstanding facts against the rules of evidence, and the assertion of unreasonable sentencing is not a legitimate ground for appeal in this case. The arguments are groundless.
Therefore, the appeal is dismissed. In accordance with Article 57 of the Criminal Act and Article 24 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, 35 days of detention after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Yoon-tae (Presiding Justice)