If a false statement contrary to memory is withdrawn or corrected before the examination is completed (negative)

Since testimony of a witness is fully observed and judged as a whole, even if a witness who has taken an oath makes a false statement contrary to his memory, it is reasonable to deem that the testimony does not constitute 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

Defendant et al.

Prosecutor (Defendants)

Attorney Na-ho, Attorney Lee Yong-ho

Seoul Criminal Court Decision 80No3613 delivered on December 11, 1980

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the date and time of the death of Non-Indicted Mag Kim,

The judgment of the court of first instance maintained by the judgment of the court below, which concluded that the date and time of the death of the above Kim Yong-Mon was 1.22 in 1961 and December 23, 1969 and that it was stated in the family registry by reporting the death of July 15, 1961, and that it was stated in the family registry, is acceptable in its measures, and it cannot be said that there was an error in the process of evidence preparation or examination. Thus, the theory of lawsuit based on the premise that the date and time of the death was 1.22 in 1967 cannot be adopted.

2. As to Defendant 1:

Since witness testimony is fully observed and determined as a whole, even if a witness who has taken an oath makes a false statement contrary to his memory, it is reasonable to deem that the testimony does not constitute perjury in a case where he withdraws his testimony before the examination is completed (see Supreme Court Decision 74Do1231, Jun. 25, 1974). Thus, in the court where the defendant 1 took an oath, once he made a statement that he died on July 15, 1961, the above Kim Mountainous District was taken an oath, and the other party's answer to the cross-examination was correct, and the corrective statement that the correct date of death was discovered, the defendant later made a testimony to the effect that the date of death of the above mountainous district is clearly known, and there is no evidence to find that the statement that this is certain, contrary to his memory, is contrary to his memory. Accordingly, the first instance court's decision that acquitted the defendant is justifiable and it cannot be said that there was a violation of the rules of evidence

3. As to Defendant 2:

As seen earlier, since the above Kim Jong-gu died on 1.22 December 1961, 196, it is consistent with objective facts that Defendant 2 testified that Kim Jong-gu died on 1.22 December 1961 in the court oathd by Defendant 2, and that the statement was against memory. Accordingly, the decision of the court of first instance that acquitted this purport is just and there is no violation of law such as the theory of lawsuit.

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

Justices Jeon Soo-hee (Presiding Justice)