위증등
The judgment below
Of them, the part concerning the second offense shall be reversed when the original judgment on the defendant's perjury is rendered.
. against the Defendant.
1. 1) The lower court found the Defendant guilty of all the facts charged against the Defendant, and sentenced the Defendant to imprisonment with prison labor for one year and six months for the second crime (Perjury) at the time of original adjudication. 2) As to the lower judgment, the Defendant appealed from the lower court on the grounds of erroneous determination of facts and unreasonable sentencing, on the grounds of unfair sentencing against the Defendant. The lower court dismissed all the Defendant and the Prosecutor’s appeal.
3) The prosecutor did not appeal against the judgment of the party prior to remand, and only the defendant appealed. The Supreme Court dismissed the part concerning the crime of fraud among the defendant's appeal, and reversed and remanded the part concerning perjury ex officio. 4) Accordingly, the part concerning the crime of fraud in the judgment prior to remand became final and conclusive, and the scope of the trial after remand is limited to the part concerning perjury against the defendant.
2. Summary of grounds for appeal;
A. Defendant 1) In fact-finding Defendant 1 was present as a witness in the pertinent court and answer to the question of the presiding judge, “A is not only an erroneous answer due to an error but also a false statement contrary to memory with the intent to prove the fact. Therefore, the judgment of the court below which found Defendant guilty of this part of the facts charged is erroneous. 2) The sentence of the court below (6 months of imprisonment) as to the second crime at the time of the judgment on the application of unfair sentencing is too unreasonable.
B. The lower court’s sentence (six months of imprisonment) against the second crime at the time of the prosecutor’s original judgment is too unfunied and unreasonable.
3. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the lower court as to the Defendant’s assertion of mistake of facts, the Defendant was rendered testimony as stated in the facts charged on June 10, 201, and the pertinent case’s Suwon District Court.