Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime and reflected the Defendant; (b) the Defendant’s perjury does not finally affect the outcome of the relevant trial; and (c) the Defendant has no penalty power exceeding the same kind and fine.

However, in light of the following: (a) perjury is a serious crime that causes confusion and incompetence in the judicial action of the State by undergoing a trial for finding the truth of the court; (b) perjury is a serious crime that causes confusion and incompetence in the judicial action of the State; (c) perjury is a major issue of the relevant trial; and (d) the fact that the defendant merely caused mistake as to the time of his visit; and (e) the fact that the defendant does not seem to have caused perjury as to the time of his visit; and (e) other various sentencing conditions in the records and arguments, such as the defendant’s age, happiness, family environment, conditions before and after the crime, etc., the lower court’s punishment against

3. In conclusion, the prosecutor'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 it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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 fines, and the choice of fines;

1. Statutory mitigation under Articles 153 and 55 (1) 6 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;