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(영문) 대법원 1963. 5. 9. 선고 63도98 판결
[무고][집11(1)형,035]
Main Issues

The meaning of the offense of false accusation

Summary of Judgment

In the Criminal Act, the report of false facts is sufficient when another person is aware of the occurrence of a result of criminal punishment or disciplinary action by reason of the nature of the report, and it does not require any fact that the occurrence of the result is disturbed.

Appellant, Defendant

Appellant

Judgment of the lower court

High Military Forces Act of Chungcheong Law between South and North Korea in the first instance, and High Military Forces in the second instance in the second instance in the second instance in the second instance, 62 High Military Port 412 delivered on February 1, 1963

Text

The appeal is dismissed.

The ninety days of detention days prior to the pronouncement of the original judgment shall be included in the original sentence of the first instance.

Reasons

The gist of the grounds of appeal by a state appointed defense counsel is that (the grounds of appeal by the defendant shall not be determined because it was received in its principal source after the expiration of the period for submission) a crime without accusation should be established, in addition to the criminal intent that it would result in a false accusation, and that the defendant and the non-indicted 1 and the non-indicted 2 in the judgment of the court below should be subject to criminal punishment, and that it was due to a false accusation that the defendant committed a crime against his own house and that it was due to a rush negligence. Therefore, the defendant is only limited to the above two persons without any grounds for conviction that the above two persons committed a fire, so the court below erred in the misapprehension of important facts

However, the crime of false accusation under the Criminal Act is sufficient when a report of false facts is made by the nature of another person who is subject to criminal punishment or disciplinary disposition, and it does not require any facts that result of the above disposition. Therefore, the court below's disposition is not erroneous, and the grounds for the lawsuit do not fall under any of the grounds provided in Article 432 of the Military Court Act. Therefore, the appeal is dismissed and it is so decided as per Disposition by the assent of all participating Justices who applied Article 57 of the Criminal Act with respect to the inclusion of days of pre-trial detention.

The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge) shall have the highest leapbal leapap

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