A defendant shall be punished by imprisonment for four months.

A. The Defendant, at the time of testimony of this case, was departing from China three years prior to the time of testimony, and thus, he was aware of the fact together with D and China at the time, and did not make a statement contrary to memory.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts 1) Summary of the facts charged in the instant case