The meaning of false public offering in perjury

In perjury, a false notarial deed refers to a statement of a witness against his/her memory, which does not obstruct the establishment of perjury even if the content of perjury is consistent with objective facts.

Article 152 of the Criminal Act

Supreme Court Decision 72Do1549 delivered on August 29, 1972, 78Do2026 delivered on April 8, 1980, 84Do114 delivered on February 28, 1984

Defendant

Defendant

Attorney Park Jae-young

Daejeon District Court Decision 86No1377 delivered on February 26, 1988

The appeal is dismissed.

Defendant’s defense counsel’s grounds of appeal

In perjury, a false notarial deed refers to a statement of a witness against his/her memory, which does not obstruct the establishment of perjury even if the content of perjury is consistent with objective facts.

According to the evidence adopted by the court of first instance maintained by the court below, in particular, according to the judicial police officer and the protocol of suspect examination prepared by the prosecutor on the record of handling affairs of the defendant who recognized all the authenticity and contents of the establishment of the court below, when the defendant gives testimony in the civil court, such as the original adjudication, the defendant cannot avoid the liability for perjury, regardless of whether the defendant actually managed the forest of this case as the owner of the above forest before managing the forest of this case, despite the fact that he was not aware of the defendant as the defendant, the defendant's attorney-at-law's answer to the purport that "the non-party Park Jong-ok, even before the witness manages the forest of this case, is not sufficient to have actually managed the forest of this case as the owner of the above forest of this case."

The decision of the court below to the same purport is just and there is no violation of the rules of evidence or incomplete hearing, such as the argument.

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

Justices Lee Jae-seok (Presiding Justice)