A. Defendant A’s imprisonment (two months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

B. As Defendant B testified true and true, the testimony does not constitute false testimony, and Defendant B did not interfere with the perjury as to whether Defendant A deemed “the statement as a fact” or not.

Therefore, the judgment of the court below is erroneous.

2. Determination

A. Considering that perjury with respect to Defendant A’s assertion is highly harmful to the State and society, such as hindering the State’s proper exercise of judicial power, impairing the people’s trust in judicial and trial, creating unnecessary litigation and judicial expenses, etc., and thus, Defendant A requires a strict warning to the Defendant. Defendant A has the history of having been sentenced to imprisonment with labor for 8 months and a stay of execution for 2 years due to a false accusation in 2009, and other various sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, and the background and result of the crime, etc., even though the Defendant led to the confession and contradiction of the instant crime, and the health status of Defendant A is not good.

Even if the sentence of the court below is too unreasonable, it is not likely that the sentence of the court below is too unreasonable.

B. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to Defendant B’s assertion, the following facts can be acknowledged.

1) Defendant B: (a) committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Defendant A (Rape, etc.); (b) committed rape against Defendant A on June 12, 2012; and (c) thereby inflicted an injury on Defendant A.

(1) On November 201, Defendant A was injured due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.)

The crime of injury, damage to property, etc. was prosecuted on June 28, 2012, and both at the trial on December 1, 2012.