위증
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.
2. The crime of this case is a serious criminal who has made a false statement contrary to memory in the trial process, thereby hindering the discovery of substantial truth and the proper exercise of judicial power, and since the defendant's perjury portion is directly related to the establishment of the crime, the quality of the crime is not somewhat weak, and thus, is disadvantageous to the defendant.
However, in full view of the following factors: (a) the Defendant was sentenced to conviction in a case involving perjury, which led to the Defendant’s failure to affect the outcome of the trial; (b) the Defendant does not seem to have obtained personal benefits in return for the Defendant’s false statement; (c) the Defendant did not have any criminal records exceeding the same kind of and fine; and (d) the Defendant’s age, character, character, environment, family relationship, motive and circumstance of the offense; and (e) all the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the offense.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.