In the event that objective truth was reported, but subjective evaluation of law was wrong, the nature of the crime of false accusation (negative)

In the establishment of a crime of false accusation, it is sufficient to report the fact that is not true for the purpose of having another person receive criminal and disciplinary action, and the reporting person is false. However, as long as the reporting person reports objective facts as they are true, it cannot be said that the reporting person constitutes a crime of false accusation by making a false report based on such objective facts.

Article 156 of the Criminal Act

Supreme Court Decision 83Do2826 Delivered on March 27, 1984

Defendant

Prosecutor

Suwon District Court Decision 83No44 delivered on May 27, 1983

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

The establishment of the crime of false accusation is a theory that it is sufficient to report the fact that is not true for the purpose of having another person be subject to criminal and disciplinary action, and that the reporting person does not require conviction that it is false. However, as long as the reporting person has reported the objective facts as they are, it cannot be readily concluded that the reporting person constitutes a crime of false accusation by making a false report on the fact only based on the objective facts.

In light of the evidence duly adopted by the court below, the court below acknowledged that the objective facts that the defendant registered the three households of the apartment owned by the defendant with provisional registration and borrowed 14.1 million won to the non-indicted and borrowed it to the non-indicted, but failed to receive the above funds by the due date for payment, among the contents of the defendant's complaint by the non-indicted's request, are all true, and the part that "the part that belongs to the non-indicted............" is merely a subjective legal evaluation of the so-called "the non-indicted's so-called "the non-indicted.........."" is not a subjective evaluation of the non-indicted's so-called "the non-indicted", even if the subjective evaluation was erroneous, it cannot be deemed that the part was removed, and there was no subjective awareness that the defendant reported

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju