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(영문) 대법원 1986. 2. 11. 선고 85도2663 판결
[위증][공1986.4.1.(773),484]
Main Issues

Cases where there is a little connotation and exaggeration, but it is not false testimony.

Summary of Judgment

If a document was prepared by the manager of the land and sold the land later, and the document was made inappropriate, then the seal impression, etc. would be forged, and if the testimony was made, it would be somewhat distorted and exaggerated about the testimony. However, it cannot be said that the testimony was false.

[Reference Provisions]

Article 152 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Busan District Court Decision 85No558 delivered on November 1, 1985

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

In accordance with the records of the court below, if the evidence was collected at the time of the trial, the defendant was omitted, and the non-indicted 1, who is the one-one-one party, returned temporarily in around 1948 and had the deceased non-indicted 2, the husband of the defendant, left the land of this case, and sold this land, so if the deceased non-indicted 2 sold this land on several occasions, the deceased non-indicted 2, who made a document suitable to make it and sold the document, and made the document proper, the deceased non-indicted 2 would not escape from large discussion, and the seal impression, etc. should be deemed to be forged, and the court below's measures that held that it cannot be said that the facts were confirmed and that there was any exaggeration of the defendant's testimony, and that there was no error of law such as the theory of litigation.

Therefore, the appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)

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