A. In light of the legal principles, the Defendant filed a request for formal trial with a summary order of KRW 1 million, and the lower court applied the necessary mitigation provision pursuant to Article 153 of the Criminal Act based on confession and self-denunciation to the Defendant, but sentenced the Defendant to a fine of KRW 1 million equivalent to the summary order. In so doing, the lower court erred by misapprehending the legal principles on statutory mitigation, thereby adversely affecting the conclusion of the judgment.

B. At the time of the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions by taking into account drugs used to treat mental illness and pulmonary tuberculosis at the time of the instant crime.

(c)

The punishment of the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In light of the determination on the assertion of misapprehension of the legal doctrine, Article 152(1) of the Criminal Act provides that the statutory penalty for perjury shall be “a imprisonment with prison labor for not more than five years or a fine not exceeding 10 million won.” The lower limit of a fine shall be “not less than 50,000 won” in Article 45 of the Criminal Act. Meanwhile, Article 153 of the Criminal Act provides that “where a person who committed a crime of perjury makes a confession or surrenders himself/herself before the judgment or disciplinary action on the relevant case becomes final and conclusive, the relevant punishment shall be mitigated or remitted.” Article 55(1)6 of the Criminal Act provides that “When a fine is to be mitigated, the maximum amount of the punishment shall be reduced,” and thus, Article 55(1)6 of the Criminal Act provides that “where a fine is to be mitigated by law following the selection of a fine for perjury, the scope of the applicable punishment shall be “a fine not less than 50,000 won but not more than 5 million won.”

After selecting a fine for perjury of this case, the lower court sentenced the Defendant to a fine of KRW 1 million within the scope of the applicable sentence, which has given statutory mitigation pursuant to Articles 153 and 55(1)6 of the Criminal Act. Such determination by the lower court is lawful, and is relevant to legal mitigation.