Despite of common opinion that aiding or abetting of false accusation against oneself can not establish a crime, Supreme court adjudged a person who aided false accusation against himself to be guilty recently. With the help of this judgement of conviction and a Practical need of punishing such a crime, prosecution and punishment on a person who commits a this kind of crime would increase rapidly. So in this brief report let us survey how variously this crime can be committed and to what extent it can be constituted. Also we will consider a crime of ‘interference with government official in the execution of his duty' as a substitute.

[대상판결] 대법원 2008. 10. 23. 선고 2008도4852 판결
  [사안의 내용 : 자기무고 부분]
  [사안의 경과]
 〔연 구〕
  Ⅰ. 들어가는 말
  Ⅱ. 무고죄의 본질과 보호법익
  Ⅲ. 자기무고의 교사, 방조에 대한 처벌의 필요성
  Ⅳ. 자기무고의 교사, 방조 성립여부에 대한 견해 대립
  Ⅴ. 대법원의 판단
  Ⅵ. 자기무고의 공동정범 인정여부
  Ⅶ. 자기무고의 공범성립과 위계에 의한 공무집행방해
  Ⅷ. 결론 ―타인과 함께 행해진 자기무고 행위의 처벌 확대가능성
  [참고문헌]
  [Abstract]

• 정혁준(대전지검 홍성지청 검사) | Jeong, Hyeok-Jun