(a) The degree of awareness about the purpose of obtaining a disposition in the crime of false accusation;

B. The establishment of a crime without accusation and the relationship between the public official who received the report and the commencement of the investigation

(a) The purpose of having the person subject to criminal or disciplinary punishment for the crime of false accusation is to make a false report, if there is a perception that the other person would be subject to criminal or disciplinary punishment for that reason, and not to wish to result in that result;

B. Whether the crime of false accusation is established upon reporting to an investigation agency for the purpose of having another person receive criminal punishment, and whether the reported public official began the investigation does not affect the establishment of the crime.

Article 156 of the Criminal Act

Supreme Court Decision 81Do2380 Delivered on November 23, 1982

Defendant 1 and one other

Defendants

Attorney Kim Yong-jin

Seoul Criminal Court Decision 83No1996 delivered on June 28, 1983

All appeals are dismissed.

From among detention days pending trial after appeal, 80 days shall be included in the principal sentence.

The grounds of appeal by the Defendants and the defense counsel are examined together.

According to the evidence of the court below and the court of first instance, the facts reported by the Defendants to each agency at the time of original judgment are lawful. According to the above evidence, it is evident that the Defendants were aware that they were false facts. The purpose of false accusation or disciplinary action is to make a false report is sufficient when other persons are aware that they would be subject to criminal or disciplinary punishment, and it does not require the occurrence of the result. According to the records, it is not difficult to recognize that the Defendants who reported false facts such as original ones at least would be subject to criminal or disciplinary punishment, and therefore, it is difficult to find that there is a perception that the reported persons would be subject to criminal or disciplinary punishment. Thus, the court below’s decision that the Defendants were the purpose of having the reported persons receive criminal or disciplinary punishment is justifiable. In addition, the crime of false accusation is established with the intention of having another person receive criminal punishment, and whether a public official who received such a report begins with the investigation, and there is no error in the misapprehension of legal principles as to the establishment of the crime of false accusation or omission of evidence.

Therefore, all appeals are dismissed, and the calculation of the number of days pending trial against Defendant 1 is subject to Article 57 of the Criminal Act, and it is so decided as per Disposition by the assent of all participating judges.

Justices Jeong Tae-tae (Presiding Justice)