If a witness finds that he/she had become aware of the fact that he/she became aware of, the gender of perjury (affirmative)

Since a false official testimony in perjury includes a false statement concerning the circumstances of experience of the fact, it constitutes a false official alcohol even in cases where a person stated as if he/she had been aware of the fact after witnessing.

Article 152 of the Criminal Act

Supreme Court Decision 84Do48 delivered on March 27, 1984; 83Do44 delivered on April 9, 1985

Defendant

Defendant

Suwon District Court Decision 85No28 delivered on March 21, 1985

The appeal is dismissed.

We examine the Defendant’s grounds of appeal.

1. Since a false public offering in perjury includes a false statement about the circumstances in which the facts were experienced, it constitutes a false public offering in cases where the facts known through the witness and stated as such that he/she became aware of after the witness.

According to the records, although the defendant appears in the prosecutor's office that he received money from the non-indicted 1,94,00 won in the order of the court, even though he had never known that the amount was about 1,94,00 won in the order of the non-indicted 1,94,00 won, and even though he had thereafter known that he was aware of the amount of money from the above order of the court, he made a confession that the above order of the non-indicted 1,94,00 won in the testimony after being sworn as a witness in the court, and even according to the statement of the court below'

Ultimately, the judgment of the court below that rejected the defendant as perjury is without merit, and there is no violation of the rules of evidence or misunderstanding of legal principles. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)