Definitions of report in the crime of false accusation

In the crime of false accusation, a report must be made voluntarily, and a false statement made by an investigation agency about an indictment does not constitute a crime of false accusation. However, if an investigation agency voluntarily made a statement of the fact not stated in the original accusation report when it receives a supplementary protocol of accusation, it shall be deemed that the part of the statement is also reported.

Article 156 of the former Criminal Act (amended by Act No. 5057 of Dec. 29, 1995)

Supreme Court Decision 4294Do273 Decided December 14, 1961 (Gong1985, 186) Supreme Court Decision 84Do1953 Decided December 11, 1984 (Gong1985, 186)

Defendant

Prosecutor

Busan District Court Decision 95No1173 delivered on October 11, 1995

The part of the judgment of the court below concerning the crime of false accusation is reversed, and that part of the case is remanded to Busan District Court Panel Division. The prosecutor's remaining appeal is dismissed.

The prosecutor's grounds of appeal are examined.

1. As to the charge of forging private documents and uttering thereof

In light of the records and comparison of the judgment of the court below, it is reasonable that the court below maintained the judgment of the court of first instance which acquitted the defendant on the ground that there is no proof of criminal facts regarding the fabrication of private documents and the exercise of the same, among the facts charged in this case, and there is no error of law by mismisunderstanding the facts by deviating from the

2. As to the portion of the false accusation

According to the records, the summary of the facts charged as to the non-indicted 1 on March 30, 1990 is that the defendant purchased the answer 50 square meters located in the Cheongju-dong 276-4, Cheongju-dong, Busan from the lowest abortion and the lowest abortion on March 30, 199, although he did not purchase the answer 50 square meters from the shot-dong 276-4, Busan, the court below found the defendant not guilty on August 19, 198 for the reason that the defendant did not have any other evidence to acknowledge that the defendant was not guilty of the remaining 12,50,000 won on the aggregate of 250,000 won in Busan-dong Cheongju-dong, Busan, Busan, and that the defendant did not have any other right to purchase the remaining shot-dong 3 and the defendant did not have any other right to purchase the defendant's remaining shot-dong 14,700,000.

However, a report in the crime of false accusation must be made voluntarily, and it does not constitute a false accusation. However, if an investigation agency voluntarily makes a statement of the fact not stated in the initial accusation report when it receives a supplementary protocol of accusation from the investigation agency, this part of the statement shall be deemed to have been reported (see Supreme Court Decision 84Do1953 delivered on December 11, 1984).

Therefore, in light of the above purport, the statement of this case submitted by the defendant to the Busan Southern Police Station alone cannot be deemed to have made a complaint with the same contents as the above facts charged. However, according to the contents of the statement to supplement the defendant's complaint (not more than 190 pages 190 of the investigation record), the defendant's statement "........." among them, the defendant attempted to move 50 n't want to move n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e n'e k's n's's k's n's n's n's n's.

Therefore, the court below should have deliberated and judged whether the highest price was the sale of the real estate of this case to the defendant and then sold it again to the Dohee with the full payment of the price, namely, whether or not the above accusation was true or false, but it cannot be said that the court below maintained the judgment of the court of first instance which acquitted the defendant for the reasons as stated in its reasoning without the name, or that it committed an unlawful act of misunderstanding facts or violating the rules of evidence or committed an unlawful act of misunderstanding the rules of evidence, which affected the conclusion of the judgment. The prosecutor's ground of appeal pointing this out is with merit.

3. Therefore, the part of the judgment of the court below regarding the crime of false accusation is reversed, and that part of the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating

Justices Park Jong-ho (Presiding Justice)