위증교사
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for three months, and by a fine of two million won.
Defendant .
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (4 months of imprisonment) is too unreasonable.
B. The prosecutor (in respect of the Defendants: Defendant A: imprisonment with prison labor for 4 months; Defendant B: fine of 3 million won) declared by the court below to the Defendants are too uneasible and unfair.
2. We examine ex officio the grounds for appeal by Defendant A and the prosecutor prior to the judgment on the grounds for appeal.
According to Article 153 of the Criminal Act, where a person who has committed perjury under Article 152(1) of the Criminal Act makes a confession or surrenders himself/herself before the judgment or disciplinary action on the said case becomes final and conclusive, the punishment shall be mitigated or exempted. The same applies to the cases of the perjury. Thus, confession prior to the final and conclusive judgment constitutes a requisite mitigation or exemption of punishment.
In addition, since there is no restriction as to the procedure of confessions in accordance with the law, it is included in the concept of confessions (see, e.g., Supreme Court Decision 73Do1639, Nov. 27, 1973). According to the evidence duly adopted by the court below, the defendants were punished by imprisonment for one year with labor for the defendant A; the defendant B was sentenced for eight months by imprisonment with labor for the appellate court; the defendant Eul was dismissed by imprisonment with prison labor for the defendant A; the defendant was sentenced for imprisonment with prison labor for the defendant on August 26, 2015 and the defendant was sentenced for August 27, 2015 to the prosecution for the defendant B; the defendant was sentenced to imprisonment with prison labor for the defendant on August 26, 2015; the court below found the above facts to have become final and conclusive by the prosecutor on May 13, 2015; and the above facts charged by the prosecutor on August 28, 2015.