위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.
2. The court below's punishment of perjury is unfair on account of the following: (a) the court's proper exercise of judgment authority, which is the judicial action of the state, and the fact that strict punishment is required for a crime that undermines the discovery of substantial truth; (b) while the defendant recognized his mistake in this court, and there are no criminal records in the same kind of crime and there are no criminal records exceeding the fine; (c) there are circumstances to be somewhat taken into account the circumstance of the crime as the defendant proved for a person in a de facto marital relationship with him; and (d) the defendant appears to have not been determined or important in judging the establishment of the above-mentioned case; and (e) other factors indicated in the argument of this case such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and environment, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;