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(영문) 대법원 1988. 5. 24. 선고 88도350 판결

[위증][공1988.7.1.(827),1010]

Main Issues

constituent elements of perjury

Summary of Judgment

Perjury in perjury is established by a witness who has lawfully taken an oath pursuant to Acts to his/her memory, and even if his/her testimony is consistent with objective facts, when he/she makes a statement contrary to his/her memory, the establishment of perjury does not affect the establishment of perjury, and whether such testimony is an essential matter of the relevant case, and whether it affected the outcome of the trial does not have any relation to the establishment of perjury.

[Reference Provisions]

Article 152 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Defendant

Judgment of the lower court

Cheongju District Court Decision 87No266 delivered on February 5, 1988

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Perjury in perjury is established by a witness who has lawfully taken an oath under law to make a statement contrary to his memory, and even if his testimony is consistent with objective facts, when he makes a statement contrary to his memory, the establishment of perjury does not affect the establishment of perjury, and whether such testimony is an essential matter of the relevant case, and the outcome of the trial has no relation with the establishment of perjury.

Examining each evidence of the judgment of the court below and the judgment of the court of first instance compared with the records, it is sufficient to recognize the criminal facts against the defendant in the first trial of the judgment of the court of first instance, and there is no error of law by misunderstanding facts against the rules of evidence or by misapprehending the legal principles

Now, the author argues that it is merely unreasonable to criticize the selection of evidence or fact-finding or to interpret the legal principles of perjury, which is the exclusive authority of the fact-finding court.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jae-hee (Presiding Justice)