성범죄의 가해자와 피해자에 대한 재고-무고죄를 중심으로-

Sexual crimes are crimes against humanity that destroy the human body and spirit, and their punishment is gradually being strengthened due to changes in social awareness. In addition, the increasing number of false accusation of sex crimes can also create wronged victims and undermine the credibility of the criminal justice system, so it is necessary to carefully review the requirements and application of false accusation of sex crimes. In order to examine the requirements and application scope of false accusation for sexual crimes, this article will first examine the nature and characteristics of sexual crimes, review the protective legal interests of false accusation, and examine the relationship between the true perpetrator and the victim in sexual crimes and the innocent victim and the perpetrator who is harmed by false accusations or denunciations. Furthermore, the scope of intent, which is one of the requirements for establishing false accusation, will be discussed to provide a reasonable direction and method for establishing the standard of false accusation for sexual crimes. Sexual crimes are distinct from other ordinary criminal cases in that they are often committed in private and behind closed doors, are difficult to prove with physical evidence, and rely heavily on testimony. Due to the particularity of these sexual crimes, victim statements, which are often key pieces of evidence in crime investigations, are often inconsistent or differ in details due to various factors, including the passage of time, psychological shock, and distorted memories. For this reason, the investigative agency may question the credibility of the victim's statement, and, especially if the sexual crime is difficult to prove, the investigation may shift from suspicion that the accuser is lying to the idea that the accused is innocent. In understanding the legal interests of the protection of false accusation, if the innocent is not protected by being preoccupied with national legal interests, it will not only not conform to today's social atmosphere that places considerable value on the protection of personal legal interests, but also may undermine the important function of criminal law to protect individuals who are accused of being innocent from social criticism and defamation. Since false accusation is a grave violation of a person's right against an individual's social existence, the criminal law needs to intervene more aggressively to protect individuals from this damage. Consequently, while the interpretation of false accusation should be made in a balance between the protection of the national legal interest and the protection of individual legal interests, in order to realize practical legal protection for innocent victims, especially in the case of sexual crimes, it is necessary to understand the protective legal interest of false accusation as a crime that violates an independent individual legal interest, rather than an individual legal interest ancillary to the national legal interest. In this context, the criminal law should be strengthened to function more actively as an effective rule of false accusation, including the inclusion of dolus eventualis in the requirements for innocent intent, and the application of the severe penalties provided for in the statutory sentences, taking into account the seriousness of the intent.