Procedures of confession in Perjury

The provision on the reduction or exemption of punishment for a person who has committed perjury as stipulated in Article 153 of the Criminal Act refers to the confession prior to the final and conclusive judgment as a cause of the necessary mitigation or exemption of punishment, and there is no restriction on the procedure of confession, and therefore, there is no restriction on the procedure of confession, and the voluntary confession for the agencies dealing with the above-mentioned cases as well as the voluntary confession for the defendant or suspect of the perjury case, which is also included in the concept of confession by the court or the investigative agency.

Article 153 of the Criminal Act

Defendant

Daejeon District Court Decision 72No693 delivered on June 13, 1973

The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The defendant's grounds of appeal are examined.

According to Article 153 of the Criminal Code, when a person who has committed perjury under Article 152 of the same Act makes a confession or a voluntary withdrawal prior to the judgment or disciplinary action on the case stated above, the punishment shall be mitigated or exempted. Thus, the confession prior to the final judgment shall be stipulated as a cause of requisite mitigation or exemption. Since there is no legal restriction as to the procedure of confession as above, it shall not only be a voluntary confession against the institution dealing with the case mentioned above, but also a confession by an examination conducted by the court or investigation agency as the defendant or suspect of the perjury case, is also included in the concept of confession.

In light of this case, the defendant led to confession from the investigative agency to the court of original trial. In particular, in the court of first instance, the court of first instance submitted the part of the confession document in the Seoul High Court where the defendant tried the case of appeal for the loan claim No. 71 or 2320, the defendant testified that the first instance court of this case claimed the grounds for reduction or exemption of punishment.

Therefore, in this case, the judgment of the court below, which did not take a necessary measure of reduction or exemption of punishment pursuant to Article 153 of the Criminal Act against the defendant, and did not clearly state the determination of such assertion pursuant to Article 323(2) of the Criminal Procedure Act, is ultimately erroneous in the misapprehension of the legal principles as to confession in perjury, which led to the failure to exhaust all necessary deliberations, which affected the conclusion of the judgment. Therefore, the appeal by the defendant against

It is so decided as per Disposition by the assent of all participating Justices.

Justices Yang Byung-ho (Presiding Justice)