Limitations of freedom of religion (silence) and whether perjury is established

[The target judgment] In the case of defamation, the victim who appeared as a witness made a false statement after the witness was sworn in, and as a result, the establishment of perjury is a problem. Here, the defendant can claim the “justifiable reason” under Article 161 of the Criminal Procedure Act on the basis of freedom of religion (silence), but the “justifiable reason” at this time is only a reason for the “refusal to testify” subject to punishment under Article 161 and not for the “false statement (action)”, which is a constituent act of perjury. In the case of diarrhea, it is not only a reasonable reason for the criminal lawsuit, such as the reason for the formation of the Criminal Procedure Act, it is not only the reason for the criminal litigation Act. In other words, the illegality of refusing to testify in Article 161 of the Criminal Procedure Act is a violation of the obligation to testify (sincere and honest) to make a statement “as it is” according to the contents of the witness's declaration, while the illegality of false statements in perjury (not just for non-compliance of the duty of integrity and truthfulness) is that the sworn witness violated the anti-false statements (half-value of the act) and caused a risk (half-value of the result) to the protection legal interest (half-value of the law) as the function of discovering the truth of the judiciary. Therefore, it is necessary to judge the possibility of legal behavior based on the above evidence, it is necessary to judge the possibility of the legal act of legal behavior. Here, the 'freedom of religion (silence)' claimed by the defendant is not sufficient as a reason for having to make a false statement (unexpected). This is the same even if it is interpreted that this 'freedom of religion (silence)' is included in the 'justifiable reason' in Article 161. Because of Article 16 (1) of Article 161, it can justify only justify the rejection of passive testimony, but it can't justify a false statement. If freedom of religion (silence) is recognized as the “justifiable reason” under Article 161, a person with this reason can argue that perjury is not established because it does not fall under the subject of perjury as well as the subject of perjury under Article 161, but because the subject of perjury is only an “sworn witness,” recognizing the “justifiable reason” under Article 161 of the Criminal Procedure Act does not deny his status as an “sworn witness.”