위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. According to Article 153 of the Criminal Act ex officio determination, when a person who committed perjury under Article 152 (1) of the same Act makes confession or surrenders himself/herself before the judgment or disciplinary action on the above case becomes final and conclusive, the relevant punishment shall be mitigated or exempted. As such, confession prior to such a final and conclusive judgment shall be provided for in the grounds for necessary mitigation or exemption, and there is no limitation to the above Acts and subordinate statutes with respect to the procedure of confession. As such, there is no limitation to the procedure of confession, it shall be deemed that not only voluntary confessions against the agencies dealing with the above case, but also confessions by the court or investigation agency as the defendant or suspect of the perjury case by the examination of the court or investigation agency is included in the concept of confession (see Supreme Court Decision 73Do1639, Nov. 27, 1973). According to the health care, records, etc. of the above case, according to the above legal principles, the defendant's aforementioned confession was finalized on Oct. 15, 2015.
3. 24. 24. Recognizing the fact that a confession of perjury was made during the second interrogation of suspect (28,372 pages of evidence records). Accordingly, the judgment of the court below omitted the punishment required to be mitigated or exempted pursuant to Article 153 of the Criminal Act, but there is an error of law affecting the conclusion of the judgment in violation of Article 153 of the Criminal Act. In this respect, the judgment of the court below cannot be reversed.
2. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by this court is "one copy of the judgment of 1.1. one copy of the judgment of 3rd of the judgment of the court below".