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(영문) 서울동부지방법원 2018.08.16 2018노263
허위감정
Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts and misapprehension of legal principles) is the case where a boundary survey is conducted with the reference point alleged by the complainant, and where a boundary restoration survey is conducted based on the original base point at the time of the first registration of subdivision, it cannot be known that the actual results of the survey are the same as the result of the survey in the absence of official results.

“The answer was made.”

It is impossible to understand the meaning of "standards" in light of the content of factual inquiries with respect to whether there is a clear difference between the reference point for surveying requested by the complainant and the base point used at the time of the first registration of division.

“The answer was made.”

In light of this, the defendant did not have intention to make false appraisal.

Although the court below found the defendant guilty, the court below erred by misunderstanding the facts and misunderstanding the legal principles.

B. The prosecutor (unfair sentencing) of the lower court’s sentence (the suspended sentence and fine of one million won) is deemed to be too unhutiled and unfair.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment on the Defendant’s assertion of misunderstanding of the facts and the legal doctrine and the evidence duly admitted and investigated by the lower court, namely, whether the Defendant, in the process of the relevant case, exchanged with a public official belonging to Macheon-si around January 28, 2015, and, in principle, it is not appropriate to conduct a survey with the lower court’s standard point used at the time of the first registration of division.

The question "" is to send a survey on the complainant's argument.

In fact, if the survey is conducted by the method at the time of the registration of the division, the result will be the expression.

“To do so,” and “I would like to do so,” to the question “Is the result of the survey by the complainant’s demand and the survey by the first method at the time of the registration of subdivision.”

The fact that the OC has been wrong now is the first part of the boundary survey.

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