위증
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and one hundred hours of community service order) of the lower court is unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, Article 153 of the Criminal Act provides that 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 above-mentioned case becomes final and conclusive, the punishment shall be mitigated or exempted. The court below made a confession when the defendant denied the crime of perjury in the above-mentioned case, which led to the confession of the first instance court. The case (Defendant C) by the court of appeal (No. 2012 Godan1372) was reversed and remanded by the appellate court (No. 2013No427) and the trial is in progress as of the present court under Article 2014 Godan1082.
Therefore, in accordance with Article 153 of the Criminal Code, punishment for the defendant should be mitigated or exempted, so in this respect, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the court below's judgment is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 (1) of the Criminal Act applicable to the crimes and Article 152 of the Election of Imprisonment;
1. Article 153 and Article 55 (1) 3 of the Criminal Act (i.e., self-cons., statutory mitigation);
1. Article 62 (1) of the Criminal Act;
1. Perjury of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a serious crime that is likely to disrupt the judicial procedure, and cause a person who has concealed substantial truth, or make a wrong judgment, and the defendant’s perjury.