무고등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.
2. The defendant's grounds for appeal are examined ex officio before determining the grounds for appeal.
A. Of the facts charged in the instant case, the summary of the charge of false accusation is that the Defendant submitted a general civil petition report to the effect that “C is not related to the Association B, which is an incorporated association with C and Dong directors, shall be subject to disciplinary action from the Ministry of Culture, Sports and Tourism,” and that “C shall be subject to the permission for establishment of the corporation in the name of the Association B, which is an incorporated association with C and Dong directors,” and that “C shall be subject to the revocation of the permission for establishment of the corporation, because it is in the name of the Association B, an incorporated association.”
B. The lower court found the Defendant guilty on the charges of false accusation on the ground that the Defendant had the purpose of having C and B Association be subject to disciplinary action from the Ministry of Culture, Sports and Tourism, after recognizing the Defendant’s submission of the aforementioned false civil petition statement.
C. Article 156 of the Criminal Act provides that a person who has reported false facts to a public office or a public official for the purpose of having a person subject to criminal punishment or disciplinary action shall be punished. Here, “Disciplinary action” refers to a punishment imposed for maintaining order by resorting to special power relations under public law. In addition, “public office or public official” refers to a person who has the authority of authority to request the exercise of disciplinary authority or disciplinary action and its supervisory authority or its member.
(see, e.g., Supreme Court Decision 2010Do10202, Nov. 25, 2010). According to the records, the Association B, an incorporated association, was established in 2007 pursuant to Article 32 of the Civil Act.