위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in six months of imprisonment and 120 hours of community service order) is too unreasonable.
2. The judgment of perjury causes confusion in the judicial action of the State by impeding the discovery of the substantial truth of the court, and thus, requires strict punishment. However, the defendant shows an attitude of acknowledging and reflecting his mistake in the past when he was in the trial. The crime of this case does not affect the criminal trial result, and there is no record of punishment for the same kind of crime, etc., considering various sentencing conditions indicated in the records and arguments of this case, the sentence of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;