Hello, I’m Heebong Ha of Lawpid Legal Services. Recently, prosecutors have charged six people, including an accomplice, with perjury and perjury tutoring for testifying falsely in a charter fraud trial. Today, let’s take a closer look at the crime of perjury. 🤔
🔍 What is perjury?
Perjury is the act of giving false testimony under oath in a court of law. It is considered a serious offense that prejudices judicial justice. In addition to intentionally misrepresenting facts, perjury can also be committed by saying you remember something you don’t, or saying you don’t remember something you do.
⚖️ Penalties for perjury
The penalties for perjury vary depending on the case. Generally, it tends to be a prison sentence of between six months and one year. Recent case law shows that probation is often given in cases of first-time offenders or where the perjury did not significantly affect the outcome of the trial.
For example, in one case in the Seoul Eastern District Court, the sentence was eight months in prison and two years of probation, and in another case in the Seoul Central District Court, the sentence was six months in prison and one year of probation. Fines are also sometimes imposed, with one case in the Seoul Western District Court resulting in a fine of 5 million won.
It’s worth noting, however, that the penalties for perjury can be more severe than for ordinary perjury. In one judgment in Ansan Jiwon, the perjury defendant was sentenced to 6 months in prison and the perjury teacher defendant was sentenced to 10 months in prison.
🧐 How the court judges
The court considers a combination of factors when determining whether a person has committed perjury, including:
- The effect of the perjury on the outcome of the trial: whether it actually distorted the outcome of the trial is important.
- The motive for the offense and the degree of remorse: We look at why you gave false testimony and whether you have since shown sincere remorse.
- The defendant’s personal circumstances and criminal history: Consider whether they are a first-time offender, what their home life was like, etc.
- The nature and extent of the perjury: Determine whether it was trivial or distorted the core of the case.
💡 A word of caution
If you ever have to testify in court, here are some things to remember
- If you’re unsure of your memory, you should say “I’m not sure.” Don’t say something you’re not sure about.
- Think before you testify and tell the truth. It’s okay to ask for a break.
- If someone tries to teach you to commit perjury, don’t do it!
👨⚖️ Closing thoughts
Truthful testimony in court is key to justice. Your little truths make a big difference in justice. Remember, testifying is an important civic duty that upholds justice and the rule of law in our society.
Do you have a legal issue and are nervous about testifying as a witness? We’re here to help, so don’t hesitate to contact us for a consultation!