위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the sentence (1.5 million won in penalty) pronounced by the lower court is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal by the defendant, Article 153 of the Criminal Act provides that the punishment shall be mitigated or exempted when the person who committed perjury was led to confession before the judgment on the aforementioned case became final and conclusive. Since there is no restriction as to the procedure of confession, it includes not only voluntary confession against the investigation agency, but also solid confession by the court or investigation agency as the defendant or suspect of the perjury case (see Supreme Court Decision 2008Do6566, Sept. 25, 2008, etc.). According to the records, the defendant was present as a witness of the case on June 12, 2017, 2017, 1433, etc., and made a false statement contrary to his memory, and thereafter made a false statement contrary to his/her own evidence of conviction by the court on September 21, 2017.
Therefore, the lower court erred by omitting the sentence against the Defendant under Article 153 of the Criminal Act, even though it had been mitigated or exempted, so the lower court’s judgment is no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
[Re-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the Act and subordinate statutes
1. Criminal facts;