위증
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (the imprisonment of six months, the suspension of execution of two years, the community service).
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, Article 153 of the Criminal Act provides that "where a person who has committed perjury surrenders himself/herself before the judgment or disciplinary action on the foregoing case becomes final and conclusive, the punishment shall be mitigated or remitted." Since there is no limitation on the confession procedure, the confession procedure does not include any voluntary confession against the investigation agency, and the confession by the court or the investigative agency as the accused or suspect of the perjury case is also included in the above confession (see Supreme Court Decision 73Do1639, Nov. 27, 197, etc.). Accordingly, the defendant led to the confession of the facts charged in this case on July 13, 2017 at the first trial date of the trial of the court of first instance, and Supreme Court Decision 2017Do6457, which is pending in the trial of the court of final appeal as to the above perjury case under Article 153 of the Criminal Act, the defendant shall be exempted from punishment or be exempted from punishment.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court are as shown in each corresponding column of the judgment below, except for adding “1. Defendant’s oral statement” to “a summary of the evidence” column of the judgment of the court below. As such, all of the facts charged and the summary of the evidence are cited as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152(1) of the Criminal Act and Article 152(1) of the choice of criminal punishment for the crime (as a whole), and the choice of imprisonment.