The defendant shall be innocent.

1. On August 19, 2015, the Defendant was present at the court of Suwon District Court No. 211 located in Suwon-si, Suwon-si, Suwon-si, as a witness of the Defendant in the above court of 2015 High Court and 1368 High Court No. 1368, and became aware of the facts charged.

The defendant's defense counsel's "I see the situation directly."

The question "I have shown CCTV last time."

The answer to "," and the continued defense counsel confirmed the whole of the circumstances that the witness ends from the beginning with respect to which there is a trial expense for the defendant and any male.

The question “ was asked before the present situation”.

“The answer and testimony was made.”

However, in fact, the defendant only viewed CCTV that was taken by the field situation B by editing it, but did not have any fact from the beginning.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

2. Determination

A. Perjury is established when a witness who has taken an oath under law makes a statement contrary to his/her memory, and such statement does not conform to objective facts.

Even if a witness’s testimony is contrary to his memory, it cannot be readily determined as perjury (see, e.g., Supreme Court Decisions 88Do80, Dec. 13, 198; 95Do192, Aug. 23, 1996). Whether a witness’s testimony constitutes a false statement contrary to his memory or not should be determined by comprehensively understanding the entire testimony during the relevant examination procedure as a whole, rather than going against the simple composition of the witness’s testimony (see, e.g., Supreme Court Decisions 95Do2864, Mar. 12, 1996; 2007Do5076, Oct. 26, 2007). The conviction in a criminal trial should be based on evidence with probative value that has probative value that makes it clear that the facts charged are true to the extent that there is no reasonable doubt.