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

B. Whether the Do governor becomes the other party to a report in a crime of false accusation (affirmative)

(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 another person would be subject to criminal or disciplinary punishment due to him/her, and it does not require that the result would have occurred;

B. Since the Do Governor establishes a police station, which is an investigative agency, and supervises its employees and supervises the chief of the police station within the jurisdiction, it is reasonable to deem that if false information is reported to the Do Governor in the form of a petition for the purpose of having criminal punishment imposed, it constitutes a crime without accusation

Article 156 of the Criminal Act

Defendant

Defendant

Attorney Han-jin, Attorneys Han-jin, Hadon, and e.g.

Seoul High Court Decision 79No192 delivered on July 22, 1981

The appeal is dismissed.

The grounds of appeal by the defendant and his defense counsel are also examined.

According to the evidence at the time of the judgment of the court below, the defendant who reported gambling every day is not required to be subject to criminal punishment because it is obvious that the fact of gambling by the non-indicted, as stated in the petition of the non-indicted, submitted by the defendant to the Chungcheongnam-do Governor, is false in violation of objective facts, and the purpose of receiving criminal punishment or disciplinary punishment for the crime of false accusation is to make a false report, and there is sufficient awareness that other persons would be subject to criminal punishment or disciplinary punishment for the crime of false accusation, and therefore, the defendant who reported gambling every day does not require that the result would be subject to criminal punishment. Therefore, the judgment of the court below to the same purport is just and there is no violation of law of misunderstanding of facts against the rules of evidence such as the theory of lawsuit.

In addition, since the Do governor has a police station, which is an investigative agency, to direct and supervise its employees, and to direct and supervise the chief of police station within the jurisdiction, it is reasonable to deem that if false information is reported to the Do governor in the form of a petition for the purpose of having criminal punishment imposed, the crime of false accusation is established. Therefore, the judgment of the court below is just and there is no violation of law

All arguments are groundless.

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

Justices Jeong Tae-tae (Presiding Justice)