Main Issues
Recognizing the falsity of the reported fact and false accusation;
Summary of Judgment
The report of false facts in the crime of false accusation is sufficient by reporting the fact that it is not true, and it is not necessary to have conviction that the report is false.
[Reference Provisions]
Article 156 of the Criminal Act
upper and high-ranking persons
Prosecutor Kim Byung-hwan
Escopics
Defendant
Judgment of the lower court
Seoul High Court, Seoul High Court, Seoul High Court, etc.
Reasons
In the establishment of a crime of false accusation, deeming that it is unnecessary for a reporting person, who is in need of sufficient conviction by reporting the fact that he/she is true for the purpose of having another person subject to criminal punishment or disciplinary punishment, is a false fact, is already decided by a party member (short-term Supreme Court precedents on March 22, 4288), and there is no reason to revise this even in this context. Accordingly, the lower court is unreasonable to have erred by misapprehending the legal doctrine on the crime of false accusation.
Justices Mag-sik (Presiding Justice)