위증교사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
Article 153 of the Criminal Act provides that “When a person who has committed perjury makes a confession or surrenders himself/herself before a judgment or disciplinary action on the relevant public case becomes final and conclusive, the punishment shall be mitigated or remitted.
“.......”
However, according to the records of this case, the judgment of this case where the defendant instigated perjury can be acknowledged that the court of appeal of this case sentenced four months to imprisonment with prison labor for the defendant in Busan District Court Decision 2014No. 942, the appellate court of Busan District Court, and confirmed November 21, 2015 due to the prosecutor's and the defendant's failure to file an appeal, and the defendant led to the confession of the crime of this case's perjury at the prosecutor's office of Busan District Public Prosecutor's Office, which should be on December 3
According to the above facts, the confession by the defendant was made after the judgment of the case was made.
Therefore, the punishment against the defendant cannot be reduced or exempted as necessary.
Nevertheless, the court below rendered legal mitigation by applying Article 153 of the Criminal Act in determining punishment against the defendant. Thus, the court below erred by misapprehending the legal principles on legal requirements for reduction and exemption of punishment against the crime of aiding and abetting perjury, which affected the conclusion of the judgment.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the Criminal Act applicable to the crime, and Article 152 of the Criminal Act that selects punishment for the crime;