CONTENTS
- 1. Perjury, What Are the Details?
- - Perjury, What Are the Relevant Statutes?
- 2. Perjury, What Was the Court's Determination?
- 3. Perjury, What Was Daeryun's Strategy?
1. Perjury, What Are the Details?
🔗 Perjury: A, who was charged with perjury, operated a karaoke bar and appeared as a witness in a trial related to a retaliatory threat.
On the day of the incident, members of an organized crime group caused a disturbance at the karaoke bar operated by A.
According to the record, B, who was the defendant in that trial, together with members of the OOO gang, indiscriminately struck the victim in the face, discharged a fire extinguisher, and broke drinking glasses at the karaoke bar operated by A, thereby interfering with the business and damaging property.
A few hours later, B called A and threatened A by saying, “You were not there yesterday, so if the police come, tell them you know nothing.”
Frightened by this, A answered, “Understood,” and the next day temporarily suspended business by not opening the karaoke bar.
During the police investigation into this matter, A disclosed all the facts about the threatening phone call, but when A appeared as a witness at trial, A gave false answers to the questions of the prosecutor and of B's defense counsel.
When the prosecutor asked, “Did you ever hear the words, ‘If the police come, tell them you know nothing’?” A testified, “No, I did not.”
When B's defense counsel asked, “You stated that defendant B called A and spoke in a threatening manner; is that correct?” A testified, “No such thing occurred.”
As a result, A was charged with perjury for making false statements contrary to A's own memory, and a judgment was issued ordering A to pay a fine of 3 million won.
Perjury, What Are the Relevant Statutes?
Under Article 157 of the Criminal Procedure Act, every witness takes the following oath before beginning to testify.
“I swear, in accordance with my conscience, to tell the truth as it is, concealing nothing and adding nothing, and to accept the penalty for perjury if I tell any falsehood.” |
According to a Supreme Court judgment (Supreme Court, Decision of May 24, 1988, 88 Do 350), perjury is not a statement that is contrary to objective facts, but rather a statement in which the witness states content that differs from the witness's own memory.
In addition, because whether perjury has been committed is determined on the basis of the testimony as a whole, even if part of the testimony contains a statement amounting to perjury, perjury is not established if that testimony is corrected or withdrawn before the examination ends or before the relevant trial date closes.
This serves to protect a witness who testifies in reliance solely on the witness's own memory, which may be imperfect.
■ Article 152 of the Criminal Act (Perjury, Perjury with Intent to Harm)
(1) When a witness who has taken an oath under the law makes a false statement, the witness shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won.
(2) When a person commits the offense under the preceding paragraph with the intent to harm a defendant, suspect, or person subject to disciplinary proceedings in connection with a criminal case or a disciplinary case, the person shall be punished by imprisonment for not more than ten years.
■ For Perjury to Be Established
(1) The person must be a witness who has taken an oath under the law.
(2) The person must have made a false statement.
(3) Intent to commit perjury must be recognized.
2. Perjury, What Was the Court's Determination?
After comprehensively assessing the investigation report, the statement record, the witness examination record, and the transcript, the court found that A's testimony at trial was perjury, and a judgment imposing a fine of 3 million won was issued.
Because perjury makes it difficult to discover the substantive truth and obstructs the proper exercise of judicial authority, the court imposed a serious penalty even on A, who committed perjury out of fear of retaliation by members of the criminal organization.
Moreover, the fact that A gave false statements contrary to A's memory regarding the central part of B's offense in this trial also operated as an unfavorable sentencing factor.
3. Perjury, What Was Daeryun's Strategy?
Perjury can significantly affect the outcome of a trial and is regarded as an act that shows contempt for the court, so a heavy penalty may be imposed even when false testimony is given under threat.
Accordingly, if you are facing this charge, it is advisable to respond promptly.
If, like A, a person gave false testimony after being threatened, the person may, with the assistance of an experienced defense team, obtain a reduction of sentence by submitting statements regarding the circumstances of the threat and a medical opinion indicating that the person was in a mentally unstable condition.
At Daeryun Law Firm LLP, attorneys experienced in criminal matters actively assist clients who face difficulties due to a lack of legal knowledge.
If you are facing a perjury charge and need assistance, you are welcome to visit Daeryun Law Firm LLP at any time.
🔗 Daeryun's Case Study on Defending a Perjury Charge Resulting in a Fine
