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(영문) 수원지방법원 2016.11.25 2016노3792
위증
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants intentionally did not testify against memory and did not make a false representation.

Therefore, the judgment of the court below that the defendants committed perjury is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. In a judgment of perjury, a false notarial deed includes a case where a witness who has taken an oath has intentionally made a testimony contrary to his/her memory, and whether such statement is an essential fact of the case in question, and whether such statement has an effect on the conclusion of the judgment does not have any relation to the establishment of perjury.

(See Supreme Court Decision 80Do2783, Aug. 25, 1981). The lower court determined that the Defendants intentionally testified against memory on the grounds of the circumstances stated in its reasoning.

Examining the records in accordance with the above legal principles, the judgment of the court below is just, and there is no error of law by mistake of facts.

Therefore, the defendants' assertion of mistake is without merit.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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