In a case where a statement is made voluntarily in the preparation of a protocol to supplement the accusation of a complaint, whether this part may be deemed as a report in the crime of false accusation (affirmative)

A report in the crime of false accusation must be made voluntarily, and a false statement made by an investigation agency about an indictment does not constitute a crime of false accusation, but if an investigation agency voluntarily makes a statement about the fact that is not entered in the initial accusation report, if the investigation agency voluntarily made a statement when it receives a supplementary protocol for accusation of a complaint, it

Article 156 of the Criminal Act

Supreme Court Decision 4294 Form273 Delivered on December 14, 1961

Defendant

Defendant

Attorney Kim Il-chul

Gwangju District Court Decision 84No270 delivered on July 5, 1984

The appeal is dismissed.

The grounds of appeal are examined.

1. On the first ground for appeal:

As pointed out in the theory that the report in the crime of false accusation should be voluntary, and that the investigation agency's false statement about the prosecution does not constitute the crime of false accusation, but according to the records, the defendant stated in the complaint of this case that the reconstition entered that the registration of the establishment of the neighboring mortgage was made about the real estate in this case, but the defendant was aware that the above reconstition was applied for the auction of the real estate due to the registration of the establishment of the neighboring mortgage, but the defendant was inspecting the application, so it is recognized that three copies of the loan certificate attached to the application are the forged document that the defendant's husband and wife did not have any effect on the application, and the court below was just to have reported the forgery of the above loan certificate which was not entered in the initial complaint of this case, and there is no error of law in the misapprehension of legal principles as to the report of non-constition.

2. On the second ground for appeal:

According to the evidence employed by the court below, since it is sufficient to recognize the facts of the judgment against the defendant, the judgment of the court below is justified and there is no violation of the rules of evidence or misapprehension of the legal principles, such as the theory of lawsuit.

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

Justices Lee Chang-chul (Presiding Justice)