Do 2018 7936 A. Perjury

(b) A perjury;

A

Defendant and Prosecutor

Law Firm (with limited liability) BF

Attorney BG in charge, BH

Seoul High Court Decision 2017No 2223 decided May 3, 2018

August 1, 2018

all appeals shall be dismissed.

The grounds of appeal are determined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the first instance which judged the whole guilty on the grounds that there is no proof of a crime against some of the facts charged by the perjury teacher of this case, and rendered a judgment of innocence on the grounds of partial conviction. In light of the records on the grounds of the judgment of the first instance, the above judgment of the court below is legitimate, and it is not erroneous in the misapprehension of the legal principles on the crime of perjury, contrary to the logic and experience, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the entire judgment of the original court, but on the other hand, the prosecutor did not find any description of the grounds for appeal anywhere and any reasons for appeal.

2. Examining the reasoning of the original judgment in light of the evidence duly admitted by the court below as to Defendant’s grounds for appeal, it is justifiable to determine that the facts charged of this case (excluding the part not guilty of the grounds) on the grounds as stated in the judgment below are recognized as guilty on the grounds as stated in the reasoning of the judgment below. In this sense, contrary to the allegation of the grounds of appeal, there were no errors of misapprehending the legal principles on the crime of perjury and perjury.

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Sang-ok

Justices Lee Ki-taik

Justices Park Jung-hwa-hwa