Recognizing the intention of the crime of false accusation and the falsity of the facts of accusation

무고죄에 있어서 허위사실의 신고라 함은 신고사실이 객관적 사실에 반한다는 것을 확정적이거나 미필적으로 인식하고 신고하는 것을 말함이니, 가사 고소사실이 객관적 사실에 반하는 허위의 것이라 할지라도 그 허위성에 대한 인식이 없을 땐 무고에 대한 고의가 없다고 할 것이다.

Article 156 of the Criminal Act

Supreme Court Decision 82Do1622 Decided December 28, 1982

Defendant

Defendant

Attorney Jin-law

Daejeon District Court Decision 83No165 delivered on July 20, 1983

The judgment of the court below is reversed and the case is remanded to Daejeon District Court Panel Division.

The grounds of appeal are examined.

When comparing the evidence used by the judgment of the first instance court and the judgment of the court below in the record, the defendant sold to the non-indicted 1 limited partnership company that he was the representative of the non-indicted 1, and did not receive 2,700,000 won out of the purchase price. The defendant did not receive 2,70,000 won from the purchase price to the non-indicted 1, the non-indicted 3, who was the non-indicted 2, who was the non-indicted 2, who was in charge of the affairs of the company, delegated the affairs of the company to the non-indicted 2, who was the non-indicted 2, who was in the check book of the above company, and was sent to the non-indicted 2, who was in charge of the affairs of the non-indicted 2, and asked him to pay the above bus balance to the non-indicted 3, who was in charge of the affairs of the non-indicted 2, and the defendant received the report on the remaining payment from the non-indicted 3, who was in charge of the above receipt or the non-indicted 2.

In addition, even after examining the record, it is not found that the defendant has finally and finally recognized the above fact of accusation or dolusence.

In this case, it is interpreted that the reporting of false facts in the crime of false accusation is required to be aware that the reporting person's report goes against the objective facts, and it is required to be aware of it in a conclusive or dolusent manner.

Therefore, even if the above accusation is false in violation of objective facts, it cannot be punished for a false accusation because there is no intention about the falsity of the defendant. However, the judgment of the court of first and second instance cannot avoid criticism that the defendant's dismissal of the accusation against the defendant as a crime of false accusation is erroneous, because the judgment of the court of first and second instance is erroneous, because it did not err by misapprehending the legal principles on the accusation against the crime of false accusation, or by misunderstanding that the crime of false accusation was committed without evidence.

Therefore, the judgment of the court below is reversed and remanded, and it is so decided as per Disposition with the assent of all Justices involved.

Justices Lee Lee Sung-soo (Presiding Justice)