Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

2. There are extenuating circumstances, such as the Defendant’s confession of the instant crime and reflects the wrongness, the primary offender who has no record of criminal punishment, and the fact that he/she seems not reasonably think of the mental illness that has been suffering for a long time, and that he/she would have caused the instant crime.

However, considering the following factors: (a) the Defendant’s false testimony had an impact on the conclusion of the judgment in a criminal case against C; (b) perjury requires strict punishment for a crime that causes confusion and incompetence in the judicial action of the State by interfering with the trial for finding the truth of the court; and (c) other various sentencing conditions such as the Defendant’s age, sex, environment, means and methods of committing a crime, and the circumstances after committing a crime, the punishment imposed by the court below is too uneas

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, 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, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Reduction of self-denunciation under Articles 153 and 55 (1) 6 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;