국민참여재판에 의한 무고죄 판단의 문제- 대법원 2019. 7. 11. 선고, 2018도2614 판결을 중심으로 -

The Supreme Court recently overturned the original verdict in the 2018Do2614 ruling. What's unusual is that the first trial of the case was conducted with the People's Participation Trial, and that the jury found the defendant guilty of False Accusation. The defendant appealed, but just like the first trial, the appellate court retained the first verdict, which meant it respected the jury's verdict, and was overturned when it came to the Supreme Court. The issue of “False Accusation” is a crime that has been continuously raised, and one of the reasons for this is the misunderstanding of the meaning of the crime of “False Accusation”. In particular, the Supreme Court is directly pointing out the part where a jury found him guilty of False Accusation. The particular issue that this paper focuses on is why the jury and the Supreme Court differ in their judgment on the establishment of an innocent crime in this case, and we will first examine the progress of the trial and the issues of the depth of the case. Second, the general public, such as the jury, is judging the crime of innocence differently from the Supreme Court, what are the reasons for this judgment and the countermeasures against the risk of abuse of guilt. Third, if there is no problem with the provision itself, this situation of the abuse is a matter of what other causes are at play, and what is the solution to this. The Supreme Court concluded that the report was a false fact against objective truth, saying it could not be admitted to the False Accusation. In the case of a people's participation trial, the presiding judge must faithfully fulfill his duty of explanation so as to give the jury a correct understanding of the crime of False Accusation. While legislative and institutional improvements should be followed to solve the problems of the people's participation trials, I believe that the perception of all legal professionals and jurors who take part in the trials is important.