[무고][공1986.12.1.(789),3073]
(a) Degree of evidence specified in the reasons for the conviction;
(b) Facts that attorney-at-law was consulted and the sex of false accusation at the time of preparation of a complaint;
A. The evidence of conviction is based on the positive evidence proving the facts charged, and it cannot be said that there is a violation of the rules of evidence on the ground that the judgment or reasons to the effect that the evidence inconsistent with the facts charged is excluded, and that the part of the testimony is believed to be only a part of the testimony, and that there is no other part of the testimony.
B. The crime of false accusation is established when any other person reports a false fact to a public office for the purpose of having a criminal punishment imposed upon him/her, and the crime of false accusation is established even if he/she was consulted by a lawyer and other legal professionals when preparing a written complaint, inasmuch as it was submitted to an investigation agency.
Article 323 (1) of the Criminal Procedure Act, Article 156 of the Criminal Act
Defendant
Defendant
Daejeon District Court Decision 86No601 delivered on July 10, 1986
The appeal is dismissed.
The grounds of appeal are examined.
1. The evidence of the conviction can only be proved by the affirmative evidence proving the facts constituting an offense, and it cannot be said that there is no error in failing to explain the judgment or reasons to the effect that the evidence inconsistent with the facts constituting an offense should be rejected, and that there is no belief that only part of the testimony is believed, and that there is no other part of the testimony, thereby violating
Examining each evidence at the time of the reasoning of the first instance judgment maintained by the court below in comparison with the records, it is sufficient to acknowledge the criminal facts against the defendant at the time of the first instance judgment's approval, and there is no violation of the rules of evidence as argued in the process of recognition, and there is no violation of the rules of evidence, and the grounds attributable to the mistake of facts by denying the above criminal facts cannot be deemed a legitimate
2. The crime of false accusation is established when another person reports a false fact to a public office for the purpose of having a criminal punishment imposed upon him/her, and the crime of false accusation is established when a criminal complaint stating false facts is prepared and submitted to an investigation agency by a lawyer and other legal professionals were consulted at the time of preparing a written complaint, if the elements of the crime of false accusation are satisfied, the complaint is groundless.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Yoon-tae (Presiding Justice)
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