위증
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (eight months of imprisonment) is too unreasonable.
2. The judgment is consistent with the consistent attitude of denying and not opposing the facts of crime up to the court below's decision. The defendant is an element of sentencing that is disadvantageous to the defendant, such as the following: (a) the defendant has committed the instant crime actively, such as: (b) having contacted with C by himself and preparing a written statement; and (c) having attended and making false testimony in relation to the criminal trial in which the wife E filed a complaint against the defendant for ten (10) years; (b) having committed the instant crime by actively communicating with C; (c) having committed the relevant crime; (d) having extremely bad character of the crime; (c) perjury is extremely bad; and (d) having interfered with the court's deliberation for finding the truth; and (d) having caused confusion and uncertainty in the judicial action of the State, which seriously requires punishment.
However, in full view of the factors of sentencing favorable to the defendant and various other factors of sentencing indicated in the records of this case, such as the fact that the defendant once recognized the crime of this case, that the defendant sought a letter to the complainant E and the defendant does not want the punishment of the defendant, that the conviction of the defendant is finalized, that the defendant's perjury is not expected to have a significant impact on the trial, that the defendant's primary offender, and that the defendant's wife is trying to prevent recidivism, etc., the sentencing of the court below against the defendant is unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is added to the summary column of the evidence and the prosecutor's office against the defendant.