A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. Determination perjury is an offense impeding the appropriate exercise of the State’s judicial power, and it is clear that there are various circumstances where the nature of the offense of this case or its possibility of criticism cannot be easily viewed, such as the fact that the crime was committed up to the original trial, and that the defendant took an attitude of denying the crime and not against the wrongness. However, the defendant’s perjury seems to have an influence on the outcome of the relevant criminal case, and the defendant took an attitude of acknowledging and reflecting the wrong when the defendant was sentenced to a fine four times due to this type of crime, the defendant has no other criminal history, and the defendant was already detained for about three months due to this case, and considering other circumstances such as the defendant’s age, sex, family environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment sentenced by the original trial is too excessive.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);