The degree of perception that a report is false in the crime of false accusation.

The crime of false accusation is sufficient by reporting the fact that no conviction is true for the purpose of having another person receive criminal or disciplinary action, and it does not require conviction that the reporting person is false.

Article 156 of the Criminal Act

Supreme Court Decision 66Do1293 delivered on Nov. 22, 1966, Supreme Court Decision 78Do1896 delivered on July 25, 1963

Defendant

Attorney Yoon Byung-il

Busan District Court Decision 80No4030 delivered on December 5, 1980

The appeal is dismissed.

The defendant's defense counsel's grounds of appeal are examined.

In comparison with the original judgment, the judgment of the first instance court has been maintained that the original judgment was false in violation of the objective facts of the non-party's illegality stated in the medical report concerning the non-party who was submitted by the defendant to the head of the Busan District Court. The establishment of the crime of false accusation is sufficient by reporting the fact that is not true with the intention of having another person be subject to criminal or disciplinary action, and it does not require conviction that the reported fact is false (see, e.g., Supreme Court Decisions 4287Do765, Mar. 22, 1955; 4293Do749, Oct. 26, 1961; 63Do144, Jul. 25, 1963; 66Do1293, Nov. 22, 196; 78Do1896, Dec. 11, 1979).

All 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 Ahn Byung-soo (Presiding Justice)