Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

A. Since the Defendant, by misapprehending the legal principles, led to the confession of perjury before the judgment on the above case became final and conclusive, the necessary reduction or exemption of punishment under Article 153 of the Criminal Act should be made, the judgment of the court below omitted is erroneous in the misapprehension of legal principles,

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. In light of the legal principles of the Defendant’s assertion of perjury, according to Article 153 of the Criminal Act, if a person who committed perjury under Article 152 of the Criminal Act makes a confession or surrenders himself/herself before the judgment or disciplinary action on the foregoing case becomes final and conclusive, the punishment shall be mitigated or exempted. In full view of the evidence duly admitted and examined by the court below, the Defendant led to the confession of the above perjury at the time of investigating the prosecution on November 6, 2014, and the case of this court No. 2014No3128 of the said court (No. 2014No3128 of the said court) issued by the Defendant was adjudicated on January 7, 2015, and the fact that the appellate court was withdrawn from the appeal on January 14, 2015.

Therefore, even though the punishment against the defendant should be mitigated or exempted in accordance with Article 153 of the Criminal Act, the court below omitted it by misapprehending the legal principles, which affected the conclusion of the judgment, and the defendant's appeal pointing this out has merit.

3. If so, the defendant's appeal is reasonable, and without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines.