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I belatedly realized that the content of my testimony was not true. Am I subject to punishment for perjury?

I ended up testifying as a witness at a trial in the capacity of a reference witness. Thinking that my testimony would determine someone's life, I testified with a sense of responsibility and duty, but it turned out that the facts were false. The situation is essentially that I fell into a trap set by a related person. In this case, does it still constitute a crime even when I only belatedly realized that the testimony was false?

perjury

crime of perjury

Answer

Published: 2023-03-06

Author : DongIl PARK

According to Supreme Court Decision 95Do192, rendered on August 23, 1996, the court held that "the crime of perjury is established when a witness who has taken an oath under the law states facts contrary to their memory; therefore, the mere fact that the statement does not accord with objective fact does not immediately mean that the testimony is perjury."

This means that, unless the perjury was committed intentionally, one cannot immediately conclude that it is perjury.

However, if you fail to provide a logical proof of this, the crime of perjury may be established, so caution is required.

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 of up to five years or a fine of up to 10 million won.

② When a person commits the crime under the preceding paragraph with the intent to harm a defendant, a suspect, or a person subject to disciplinary suspicion in a criminal case or a disciplinary case, the person shall be punished by imprisonment of up to ten years.

However, even where perjury was committed intentionally, if the person confesses or turns themselves in before the judgment or disciplinary disposition in that case becomes final, the sentence is to be reduced or remitted.

As to whether to aim for the special provision on confession regarding perjury, or to assert that the perjury was not intentional, please proceed with a consultation with an attorney who focuses on criminal cases.