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(영문) 의정부지방법원 2016.03.22 2016노75
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of testimony, believed that the actual owner of the instant apartment No. 602 was I, thereby gathering the fact that the instant apartment No. 602 E was sold.

“The testimony was made.”

Therefore, the defendant did not have made a false statement contrary to his memory.

2) The sentence of the lower court’s improper sentencing (6 months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the time when the defendant testified on October 19, 2012. The defendant was dead at least on July 25, 201 after examining the documents related to the apartment of this case 602, which were sold in lots and did not pay the sale price, and the heir was aware of the fact that he renounced inheritance (see, e.g., 545, 653, 654 of the investigation record), ② at the time of the prosecutor’s investigation, the defendant testified that “the defendant was aware of the fact that the above 602 was sold in lots to E, so he would not have made a false testimony,” and as to the reason for the answer, the defendant stated that “annoyingly, even and making a false response, and that the defendant made a false testimony contrary to the investigation record” (see, e.g., the above investigation record).

It is reasonable to view it.

B. Therefore, the defendant's above assertion is without merit.

3. The judgment of perjury as to the unfair argument of sentencing by the defendant and the prosecutor is a serious criminal who has interfered with the fair judicial action of the court, thereby significantly impairing the people's trust in the judicial branch. Nevertheless, the defendant denied the crime up to the trial of the party, and did not repent his mistake, and the defendant is perjury.

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