Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this judgment.

A. Each sentence of the judgment of the court below against the prosecutor (the defendant A: 10 months of imprisonment; the defendant B: 2 years of suspended sentence in October) is too uneased and unfair.

B. The sentence of the lower judgment against Defendant A is too unreasonable.

2. Determination:

A. The crime of perjury in part against Defendant A is a crime that causes confusion and incompetence in the judicial action of the State and requires strict punishment, and the testimony of Defendant A as a core witness who directly experienced and tested the relevant case was affected by the results of the trial in the first instance of the relevant case. In particular, even though Defendant A reported the relevant case directly by himself, it is recognized that the relevant case was false testimony in the court and its nature is very poor.

However, in full view of the fact that Defendant A led to his crime before the judgment of the relevant case became final and conclusive, the appellate court corrected the error in the trial, reflects the crime of this case in depth through confinement for a considerable period of time, and there is no record of other crime except for the punishment imposed once for a minor crime. In addition, considering the Defendant’s age, character and conduct, family relationship, economic situation, and all other matters concerning the sentencing specified in the records and arguments of this case, the punishment of the lower court against Defendant A is deemed unreasonable. The Defendant’s assertion has merit, and the Prosecutor’s assertion has no merit.

B. The partial perjury crime against Defendant B is a crime that causes confusion and incompetence in the judicial action of the State, and thus requires strict punishment. Defendant B’s testimony is an unfavorable sentencing ground that affected the outcome of the first trial of the relevant case. The confession of the crime before the judgment of the relevant case becomes final and conclusive, and the fact that Defendant B did not have the same criminal record is an favorable sentencing ground.

The above sentencing grounds are shown in the defendant's age, character, character and environment, and other records and arguments of this case.