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(영문) 대법원 2018.07.24 2018도6535
위증
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Whether a witness’s testimony is false as to the reason for the appeal by the prosecutor must be determined by comprehensively considering the ordinary meaning and usage of the language, the context before and after the testimony in question was made, the purpose of the examination, the fact that the testimony was made in question, etc., and then the meaning of the testimony should be clearly determined (see Supreme Court Decision 2001Do5252, Dec. 27, 2001, etc.). The court below held that the defendant made a false statement as to part of the facts charged in the instant case against his memory, as to the part of the testimony in question, against his memory.

The Court rendered a not guilty verdict on the ground that there was no proof of the crime.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is in accordance with the legal principles as seen earlier, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles as to the falsity of the statement

2. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the part not guilty of the reasoning of the lower judgment)

Contrary to the allegations in the grounds of appeal, there is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the intent of perjury.

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

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