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(영문) 인천지방법원 2017.11.09 2017노1595

위증

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 only testified in accordance with his memory and did not make a false statement contrary to his memory.

Nevertheless, the court below convicted the charged facts of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court held that: (a) as to the allegation of mistake of facts, the lower court: (b) consistently attached up until the case of the agreed amount between himself and F (Seoul District Court Branch Decision 2014No. 6991), the case of non-determination against C (Supreme Court Decision 2015No. 552, Jul. 8, 2004), and the case of perjury, the Defendant affixed a seal affixed to “F representative (3)” to the instant agreement according to the direction of F, a representative C at the time.

The phrase “F Representative(3)” is consistently stated, ② The phrase “F Representative(3)” as a result of the appraisal of the seal imprint is deemed to be a seal affixed by F Co., Ltd. F’s seal used at that time; ③ The agent of F Co., Ltd.’s lawsuit in the instant civil contract amount lawsuit around January 21, 2015, instructed A to affix A’s order and affixed A’s seal on the written agreement of this case on behalf of B.

In full view of the fact that the Defendant submitted a prepared document with the content, it was sufficiently recognized that the Defendant made a false statement against his memory, thereby guilty of the facts charged in this case.

2) As above, we do not testify to the purport that the Defendant does not memory, that is, the following circumstances recognized by the court below from the evidence duly adopted and investigated by the court below, as stated in the above decision of the party deliberation, and there is no seal affixed to the agreement.