Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall be imposed on the defendant.

가. 사실오인 내지 법리오해 (1) 제1원심판결 피고인은 D이 2010. 10. 1. 피고인과 E에게 ‘너희 두 연놈이 배꼽 맞췄잖아. 배꼽 맞췄어. 배꼽 맞췄다고’라고 말을 하는 것을 들은 사실이 있기에 사실 그대로 증언하였을 뿐 기억에 반하는 허위 진술을 한 적이 없는데도, 원심이 사실을 오인하여 이 사건 공소사실을 유죄로 인정하였다.

(2) On October 1, 2010, the Defendant issued a false complaint and submitted it to the court. Although it was not proven that the Defendant’s assertion in the lawsuit was false, the lower court found the Defendant guilty of the instant charges by misapprehending the legal doctrine on the crime of fraud in the lawsuit, or by misapprehending the legal doctrine on the crime of fraud in the lawsuit.

B. Each sentence sentenced by the first and second instances of unfair sentencing to the defendant (the fine of two million won per fine) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal of ex officio judgment, the first and second judgments were rendered to the defendant, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings. Each of the crimes in the first and second judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgments cannot be maintained.

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is subject to the judgment of this court, and this is examined.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts or misapprehension of legal principles, i.e., Seoul Western District Court.