무고죄의 허위사실에 관한 연구

• 영문명: A Study on the false information in the crimes of false accusation
• 발행기관: 한국형사법학회
• 저자명: 이존걸(Lee John-Girl)
• 간행물 정보: 『형사법연구』형사법연구 제19권 제4호, 285~302쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.22

영문 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.

목차

Ⅰ. 머리말
Ⅱ. 虛僞事實의 意義
Ⅲ. 虛僞事實의 類型
Ⅳ. 虛僞事實의 摘示程度와 認定基準
Ⅴ. 맺는 말
〈Abstract〉

키워드

무고죄 허위사실 고소 고발 형사처분 징계처분 crimes of false accusation false information objective truth