[무고][공1985.6.1.(753),768]
Report of a fact not conviction that the truth is true and the nature of a crime not committed;
In the establishment of a crime of false accusation, it is not necessary to satisfy the truth by reporting it to another person for the purpose of having him/her receive criminal or disciplinary action, and it is not true that the reported fact is false.
Article 156 of the Criminal Act
Supreme Court Decision 83Do3075 Delivered on April 10, 1984
Defendant
Defendant
Chuncheon District Court Decision 84No302 delivered on December 28, 1984
The appeal is dismissed.
The defendant's grounds of appeal are examined.
In the establishment of a crime without accusation, it is sufficient to report the fact that it is not true with the intention of having another person be subject to criminal or disciplinary action, and the reported fact is false. According to the evidence cited by the court of first instance, the court of first instance maintained by the court below, without conviction that the defendant was true, the defendant 1 and 2 submitted a letter of complaint stating the false fact that the defendant had forged the guaranteed part of the loan certificate of this case to the Chuncheon District Prosecutors' Office. Thus, the court below's decision that recognized the establishment of a crime without accusation against the defendant's decision is just and there is no error of law by misunderstanding the legal principles as to the mistake of facts or the crime without accusation due to the violation of the rules of evidence,
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-sik (Presiding Justice)