(영문) 의정부지방법원 2014.10.16 2014노1482

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(영문) 의정부지방법원 2014.10.16 2014노1482

위증

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding and misunderstanding of the legal principles that the defendant testified is all true, and the defendant has not made a false testimony.

B. The sentence of the lower judgment on the Defendant’s unfair sentencing (two months of imprisonment, two years of suspended execution, and four hundred hours of community service) is too unreasonable.

2. Determination

A. According to the records on the assertion of mistake of facts and misapprehension of legal principles, it can be recognized that the I first met C on March 17, 2012 and the seal affixed to the mortgage contract form were different from the seal affixed thereto, and the seal was not stamped on one page. In light of the above circumstances, at the time of the preparation of the document to establish the mortgage contract of this case on January 17, 2012, C, J, and I did not have any fact at C, and C, J, and I did not have any fact at the office of the Dispute Resolution Co., Ltd. at the time of the preparation of the document to establish the mortgage contract of this case. The document confirming the part of the document to establish the mortgage contract of this case, and the document confirming the principal of the debtor to establish the mortgage was prepared at the “L office of C management,” and C’s identification card was prepared at the “L office.”

In full view of these facts, the court below recognized perjury against the defendant on the premise that the defendant's testimony was false because the contents of the testimony were false, and there is no error of misunderstanding of facts or misunderstanding of legal principles.

B. The defendant's assertion of unfair sentencing shows an appearance that is not contrary to the denial of the crime of this case, perjury is an offense that obstructs the proper exercise of the judgment authority, which is a judicial action of the State, and the discovery of substantial truth, and requires punishment corresponding thereto. Although the defendant's perjury is not itself a fact of the requirement of civil procedure, the contents of the defendant's perjury are not a fact of the requirement of civil procedure, but a party

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