The meaning of confession in the crime of false accusation

In the crime of false accusation, confessions constituting grounds for the necessary reduction of or exemption from punishment refer to confessions that make a false report to public offices or public officials for the purpose of having a criminal or disciplinary punishment imposed upon them, and the mere fact that the reported contents are recognized as contrary to objective facts does not constitute confessions.

Articles 153, 156, and 157 of the Criminal Act

Defendant

Defendant

Attorney Kim Shin-hoon

Incheon District Court Decision 92No1541 delivered on January 13, 1994

The appeal is dismissed.

We examine the grounds of appeal.

As to the grounds of appeal Nos. 1 and 2:

In the crime of false accusation, confessions constituting grounds for the necessary reduction or exemption of punishment refer to confessions that are made by a person who has made a false report to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him/her, and the mere fact that the reported contents are contrary to objective facts does not constitute it. Moreover, the defendant's complaint was made by mistake and the defendant's complaint was revoked prior to the commencement of an investigation into the contents of the complaint is just a mistake of facts, and the defendant's assertion that the complaint was revoked prior to the commencement of an investigation into the contents of the complaint is not a mistake of facts, and it cannot be deemed that the confessions or number of allegations are not included. The court below's decision is just in the case where the court below did not apply the provision on reduction or exemption due to confessions, which are necessary grounds for reduction or exemption of punishment against the defendant's non-indicted 1 in determining the punishment against him/her, and there is no error of law

As to the third ground for appeal

Examining the reasoning of the lower judgment and the reasoning of the first instance judgment cited by the lower court in light of the records, the lower court’s finding the Defendant guilty of Nonindicted 2’s non-indicted 2 as just and acceptable, and there is no violation of the rules of evidence against the rules of evidence, such as the theory of lawsuit, etc.

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

Justices Lee Jae-soo (Presiding Justice)