위증교사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
On June 14, 2018, the Defendant was sentenced to two months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act by the Suwon Franchising method, and the appeal was dismissed on August 10, 2018 and the judgment became final and conclusive as it becomes final and conclusive on August 10, 2018. As such, the Defendant’s crime of aiding and abetting capital in the judgment of the lower court against the Defendant is in a concurrent relationship between the crime of violating the Electronic Financial Transactions Act, which became final and conclusive and the crime of aiding and abetting capital in the latter part of Article 37 of the Criminal Act, and the punishment should be determined after examining whether to reduce or exempt the punishment,
In addition, according to Article 153 of the former Criminal Act, if a person who committed perjury makes a confession or surrenders himself/herself before the judgment on the case was finalized, the punishment should be mitigated or exempted. However, since the defendant made a confession on August 2, 2018, which became final and conclusive on August 10, 2018, of the judgment on the case 2215 Gonam-gu, Sungwon District Court, which instigated K with the above perjury, the judgment on August 2, 2018, which became final and conclusive on August 2, 2018, which became final and conclusive on May 2, 2018, the punishment against the defendant should be mitigated or exempted.
As a result, the judgment of the court below which did not take such measures can not be maintained as it is.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.
[Re-written judgment] The summary of criminal facts and evidence recognized by this court is all criminal facts and the summary of the evidence. The defendant was sentenced to two months of imprisonment on June 14, 2018 and the appeal was dismissed on August 10, 2018, and the judgment became final and conclusive.