If a false statement was withdrawn before the examination is completed, the nature of perjury;

Testimony of a witness is judged to fully observe the whole witness, and even if a witness who has taken an oath makes a false statement contrary to his memory, it shall not be perjury if the witness withdraws his/her statement before the examination is completed.

Article 152 of the Criminal Act

Supreme Court Decision 74Do1231 delivered on June 25, 1974 (Gong1974, 7935) 81Do967 delivered on February 8, 1983 (Gong1983,524) 83Do2853 delivered on March 27, 1984 (Gong1984,849)

Defendant

Prosecutor

Seoul Criminal Court Decision 92No7432 delivered on July 28, 1993

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

As witness testimony is judged to be fully observed, once a witness who has taken an oath made a false statement contrary to his memory, if the witness withdraws his testimony before the examination is completed, it shall not be a perjury. The court below acknowledged the facts as stated in its reasoning as to the contents of witness evidence, and it can be seen that the defendant's statement includes the purport that whether the non-indicted Nam has paid the construction cost to the non-indicted Southern iron, etc., and that the defendant does not know the fact that the non-indicted Nam has been paid the construction cost, and that the defendant does not have been present on the job. Thus, if the witness makes a false statement contrary to his memory as mentioned above and the defendant has observed the whole, the defendant should have made a false statement contrary to his memory, and it is acceptable in light of the records that the judgment of the court of first instance reversed the judgment and the defendant has made a false statement contrary to his memory, and because the withdrawal of the above statement does not have to be explicitly required, there is no error in law in violation of the rules of evidence or misapprehension of legal principles as to perjury, such as the theory of lawsuit,

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

Justices Jeong Jong-ho (Presiding Justice)