Whether testimony is an essential issue of the case, whether it has an effect on the result of the trial, and the sex of perjury;

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 66Do863 delivered on September 13, 1966, Supreme Court Decision 4294Do326 delivered on October 26, 1961

Defendant and one other

Seoul Criminal Court Decision 78No8670 delivered on October 14, 1980

All appeals are dismissed.

We examine the Defendants’ grounds of appeal.

Examining each evidence of the judgment of the court below and the court of first instance maintained by the court below in comparison with records, it is sufficient to acknowledge the criminal facts against the defendants in the judgment of the court of first instance. There is no error of law by misunderstanding the facts in violation of the rules of evidence as alleged in the arguments in the process of finding the facts, and in this case where a punishment of less than 10 years is sentenced to a mistake of facts, the grounds for denying the above criminal facts shall not be a legitimate ground for appeal, and perjury shall be established by a witness who has taken an oath intentionally gives a testimony contrary to his memory, and whether the statement has an effect on the existence of perjury and the result of the judgment shall not be related to the establishment of perjury (refer to this case's 6Do863 delivered on September 13, 196), and it is just to determine that each testimony of the defendants made a false statement contrary to memory, and there is no error of law by misunderstanding the legal principles as to perjury.

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

Justices Kang Jong-young (Presiding Justice)