Reporting false facts without conviction and establishment of an offense of false accusation

In the establishment of an offense of false accusation, it is sufficient to report the fact that there is no conviction that the reporting person is true for the purpose of having another person receive criminal or disciplinary action, and it is not necessary to have the reporting person made a false report

Article 156 of the Criminal Act

Supreme Court Decision 4293Do690 Delivered on March 22, 1955, 4293Do259 Delivered on October 26, 1961, 63Do144 Delivered on March 25, 1963

Defendant

Defendant

Attorney Lee Im-soo, Lee Jong-tae

Jeonju District Court Decision 81No472 delivered on February 3, 1982

The appeal is dismissed.

The grounds of appeal are examined.

In the establishment of a crime without accusation, it is sufficient to report the fact that there is no conviction that the reporting person 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 (see, e.g., Supreme Court Decision 80Do303, Mar. 24, 1981). If the evidence used for the judgment of the court of first instance is examined according to the records, the defendant submitted to a public office a letter of complaint stating the false fact that he/she has proved, without conviction that his/her testimony was false, and it cannot be said that there is any error such as the theory of litigation in the preparation of evidence, and the judgment of the court below that maintained it cannot be said that there is a misapprehension of the legal principles as to the crime without accusation, and that there is no different opinion from

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)