The meaning of false statements in perjury

The term "a false statement" in perjury refers to a statement that does not mean that its objective fact is false, but rather goes against memory, that is to say that it goes against memory.

Article 152(1) of the Criminal Act

Defendant

Defendant

Seoul Criminal Court Decision 83No5695 delivered on December 22, 1983

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Criminal Court.

We examine the grounds of appeal.

According to the reasoning of the judgment of the court of first instance maintained by the court below, at around October 29, 1982, the court of first instance took an oath of the defendant as a witness of the plaintiff on a claim for damages between the defendant and the court of first instance around October 29, 1982, around 00, the court below acknowledged the fact that the defendant made a false statement against his memory, which was aware of the following facts: "134,800 won less 165,200 won out of 30,000 won was received by the plaintiff" as to the shock of the court of first instance.

The false statement in perjury refers to the fact that it is against the memory of one's own experience, not the objective fact that it is false. According to the records, the defendant denies the criminal intention, and even if it is based on the statement prepared by the judicial police officer as to the carry-over portion of this case and the statement prepared by this month, it is 34,800 won after deducting 165,200 won from the money deposited in the above accounts and deducting 34,00 won from the money deposited in the transactional relation as well as the money deposited in the above, and the remaining 34,80 won from the above 34,80 won should be deducted from the above 165,200 won and the remaining 16,00 won should be deducted from the above 34,80 won, and the defendant's testimony should not be denied from the above 100,000 won.

The appeal is justified.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)