Whether testimony is required for perjury to be established or not to be related to the matters requiring proof of the relevant case or those to have an influence on the trial result.

Perjury is established by intentionally making a witness who has taken an oath to testify against his memory, and whether the statement is an essential element of the relevant case, and whether the result of the trial affected the conclusion of the judgment has no relation to the establishment of perjury.

Article 152 of the Criminal Act

Supreme Court Decision 80Do2783 Delivered on August 25, 1981

Defendant

Defendant and Prosecutor

Attorney Jeon Jeon-hwan, Kim Hong-dong

Seoul Criminal Court Decision 84No3250 delivered on November 16, 1984

All appeals are dismissed.

1. First, the Prosecutor’s ground of appeal is examined.

Examining the reasoning of the judgment of the court below in comparison with records, the court below was just in finding the defendant not guilty for the reasons stated in its judgment as to the fraud in the facts charged against the defendant, and there is no error of law such as the theory of lawsuit.

2. Next, we examine the Defendant’s defense counsel’s grounds of appeal.

Examining each evidence in the reasoning of the judgment of the court below and the judgment of the court of first instance in comparison with the records, it is sufficient to recognize the criminal facts (the facts of perjury by 2) against the defendant at the time of the judgment of the court of first instance, and there is no error of law by misunderstanding the witness's testimony due to incomplete deliberation, such as the theory of litigation, and contrary to the rules of evidence, and there is no error of law by misunderstanding the facts against the rules of evidence, and perjury is established by the witness's intentional testimony contrary to his memory. Whether the statement is the essential facts of the relevant case, and whether the statement affects the conclusion of the judgment does not have any relation with the establishment of perjury (see Supreme Court Decision 80Do2783, Aug. 25, 1981). Accordingly, the court below was just to have decided as perjury by the defendant, and there is no error of law

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

Justices Kim Jong-sik (Presiding Justice)