피고 인은 위 사건 심리 중에 C 측 변호사의 반대신문 중 “ 증인은 피고인 (C )에게 ‘ 병신새끼, 쫄았네,

It is true that a person insults that he/she is not a male knife.

“I do not have any question.”

“The testimony was made.”

그러나 사실 피고인은 C에게 “ 병신새끼, 쫄았네,

Males shall not be swelded by male

“The expression was expressed as “...”

Ultimately, the defendant made a false statement contrary to his memory and raised perjury.

2. Determination

A. The term “a witness who has taken an oath under the law” under Article 152(1) of the Criminal Code refers to “a witness who has taken an oath” as “a witness who has taken an effective letter according to the procedure stipulated by law based on the law,” and the witness examination must be conducted lawfully in compliance with the procedural provisions stipulated by the law.

On the other hand, the Criminal Litigation Act provides for the right to refuse to testify, instead of statements, for a witness who bears the duty to take an oath and state experienced facts by attending the court even though it is not a litigation procedure against himself/herself.

When comprehensively examining the significance and protection of perjury as above, the contents of the examination procedure of witness under the Criminal Procedure Act, the purport of the right to refuse to testify, etc., the witness made a false statement in a case where it is not recognized that the provisions for protecting witnesses prescribed by the Act are not observed in the examination procedure.

In principle, perjury cannot be punished because it does not constitute “a witness who has taken an oath by law”, which is a constituent element of perjury.

Therefore, the right to refuse self-violation, which embodys the principle of prohibition of coercion of unfavorable statements as stipulated in Article 12 (2) of the Constitution.