The nature of a complaint and a crime of false accusation due to a mistake in a subjective legal evaluation;

Even though the complainant stated the above money in the complaint on the ground that the complainant had already been lent to Gap and had not been repaid for several months, it cannot be readily concluded that the complainant had filed a complaint based on false facts unless it was merely an exaggeration of the circumstance of the contents of the complaint concerning the remaining money that had not yet been paid from Gap or a mistake in the subjective evaluation of law.

Article 156 of the Criminal Act

Supreme Court Decision 83Do2692 Decided July 24, 1984 84Do1737 Decided September 24, 1985

Defendant

Defendant

Seoul Criminal Court Decision 86No7517 delivered on April 9, 1987

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below found the defendant guilty on the ground that the above defendant's act of insurance contract was 00,000 won which was paid to the non-indicted 8's non-indicted 6's non-indicted 8's non-indicted 2's non-indicted 8's non-indicted 2's non-indicted 2's non-indicted 8's non-indicted 2's non-indicted 8's non-indicted 6's non-indicted 2's non-indicted 8's non-indicted 2's non-indicted 8's non-indicted 6's non-indicted 8's non-indicted 2's non-indicted 6's non-indicted 8's non-indicted 2's non-indicted 6's non-indicted 8's non-indicted 2's non-indicted 2's non-indicted's non-indicted's non-indicted 2's non-indicted 6's non-indicted's non-indicted 3's non-indicted 8's non-indicted 2's non-indicted 2's non-indicted 8's non-2's money.

In the end, the judgment of the court below is erroneous in the misapprehension of the legal principles as to the crime of false accusation and omission, which affected the conclusion of the judgment.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Man-hee (Presiding Justice)