A. The Defendant did not make a false statement contrary to memory in the testimony in the traffic accident processing special lele law violation case against C (former District Court 2015 Go-Ma140, Go-dong, Jeonju District Court 2015)

B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The defendant alleged the same purport in the judgment of the court below, and the court below rejected the above argument in detail with a detailed statement of the judgment on the last part of the "criminal facts". In light of the records, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

Therefore, the defendant's mistake of facts is without merit.

B. The circumstances are favorable to the defendant, such as the fact that the defendant is older than 74 years of age, who is a person with a disability in the fourth degree of age, who is a recipient of basic livelihood security and seems to have difficulty in economic situation, that there is no record of criminal punishment or criminal punishment exceeding a fine, and that the defendant’s perjury does not affect the outcome of the trial.

On the other hand, the crime of this case was committed in the court where the defendant appeared as a witness, and the nature of the crime is not good. The crime of perjury is a crime that interferes with the judicial action of the State by making it difficult to find the substantial truth of the judicial agency, and thus requires strict punishment. The contents of perjury of the defendant are importance that may have a decisive influence on the deliberation of the related case. Nevertheless, the fact that the defendant denies perjury up to the trial of the party, and that the defendant does not repent with mistake is disadvantageous to the defendant.

The aforementioned circumstances and other records of the instant crime, including the background leading up to the instant crime, the age, criminal conduct, and the environment of the Defendant.