무고죄의 허위사실에 관한 연구 (A Study on the false information in the crimes of false accusation)

서지정보

· 발행기관 : 한국형사법학회
· 수록지 정보 : 형사법연구 / 19권 / 4호 / 285 ~ 302페이지
· 저자명 : 이존걸

초록

This study investigated on the false information in the crimes of false accusation. The results of the study are follows; First, the crimes of false accusation is the case of report of the false information to a public office and an official for the purpose of having a criminal and disciplinary punishment imposed upon another. The false information in the crimes of false accusation is against objective truth. Thus, a person who lodged complaint is not contrary to law if the report was the objective truth, although this person thought that the report to an investigation and a disciplinary authority was a false information. The reason of the person being not contrary to law is that there is no law to punish the attempted crime in the crimes of false accusation although the act of the report is an attempted crime.
Second, whether the report is false or not is determined by the fact that the heart of the report is the objective truth. There are a case of partial false of the report, a case of false on the name of the crime or legal appreciation and a case of false on mis-indication of person who will be punished.
Third, there are two aspects on the range of the expression of the false information. Both aspects equally pointed out that the range of the expression of the false information should be within the ranges of pursuing an investigation by an investigation and a disciplinary authorities. It is only a difference by abstract or concrete in the expression. One of the reason of the punishment on the crimes of false accusation is that this act interfere the duties of an investigation and a disciplinary authorities. Thus, In order to be the crimes of false accusation by an act, the expression of the false information should be within the range of pursuing an investigation on the false information by an investigation and a disciplinary authorities. However, it is not significant if the expression is abstract or concrete Fourth, the criteria of the determination on whether the reported contents are false are the false of information, but not the truth of the content.

영어초록

This study investigated on the false information in the crimes of false accusation. The results of the study are follows; First, the crimes of false accusation is the case of report of the false information to a public office and an official for the purpose of having a criminal and disciplinary punishment imposed upon another. The false information in the crimes of false accusation is against objective truth. Thus, a person who lodged complaint is not contrary to law if the report was the objective truth, although this person thought that the report to an investigation and a disciplinary authority was a false information. The reason of the person being not contrary to law is that there is no law to punish the attempted crime in the crimes of false accusation although the act of the report is an attempted crime.
Second, whether the report is false or not is determined by the fact that the heart of the report is the objective truth. There are a case of partial false of the report, a case of false on the name of the crime or legal appreciation and a case of false on mis-indication of person who will be punished.
Third, there are two aspects on the range of the expression of the false information. Both aspects equally pointed out that the range of the expression of the false information should be within the ranges of pursuing an investigation by an investigation and a disciplinary authorities. It is only a difference by abstract or concrete in the expression. One of the reason of the punishment on the crimes of false accusation is that this act interfere the duties of an investigation and a disciplinary authorities. Thus, In order to be the crimes of false accusation by an act, the expression of the false information should be within the range of pursuing an investigation on the false information by an investigation and a disciplinary authorities. However, it is not significant if the expression is abstract or concrete Fourth, the criteria of the determination on whether the reported contents are false are the false of information, but not the truth of the content.

참고자료

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