Method of determining whether a false statement is made in perjury

Whether a witness's testimony is false or false in contravention of his memory should be judged by grasping the whole testimony in the examination procedure concerned as a whole, not just because the witness's testimony is based on the simple framework of his testimony.

Article 152 of the Criminal Act

Defendant

Prosecutor

Dongyang General Law Firm, Attorneys Choi Dog-do et al.

Seoul Criminal Court Decision 86No2782 delivered on September 12, 1986

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

Whether a witness's testimony is a false statement contrary to his memory or not shall be determined by understanding the whole of the testimony during the examination procedure concerned as a whole, rather than by the simple composition of the witness's testimony. In light of the records, the court below's decision that the defendant's written testimony part of the trial cannot be considered as a false statement contrary to his memory in view of the facts recognized as stated in its reasoning and the whole purport of the testimony, shall be recognized as legitimate and there is no violation of the rules of evidence or incomplete deliberation in the process of fact-finding or the selection of evidence.

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

Justices Kim Dal-sik (Presiding Justice)