[모해위증][공1983.4.1.(701),523]
If some of the testimony content is inconsistent with the fact, perjury;
If the whole purport of the fact, which is the content of testimony, is consistent with objective facts, and it is not against memory, the whole purport of the fact is different from that of the part constituting the fact, and if the purport of the statement is consistent with memory, it cannot be recognized only by such fact.
Article 152 of the Criminal Act
Defendant
Prosecutor
Attorney Choi Min-young
Busan District Court Decision 80No2641 delivered on November 7, 1980
The appeal is dismissed.
The prosecutor's grounds of appeal are examined.
If the whole purport of the testimony is consistent with objective facts and the purport of the statement is different from that of the above part of the non-indicted 50,000 won which constitutes the above facts, it can not be acknowledged that the crime of perjury is established only. It is obvious that the defendant, at around 17:30 on September 17, 1971, deceiving the non-indicted 1 to the Seo-gu Busan District Court and delivered money directly to the Dong. As a result, even if the above money was transferred to the non-indicted 2, the defendant was introduced from the above non-indicted 1 to the non-indicted 50,000 won, and the defendant's testimony was delivered to the non-indicted 1 to the non-indicted 50,000 won, and the defendant's statement was not issued to the non-indicted 1 to the non-indicted 1 for a long time since he had borrowed money from the non-indicted 1 to the non-indicted 2's office or the non-indicted 2's statement that he received money from the defendant 1 to the above non-indicted 2's office.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Kang Jong-young (Presiding Justice)