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 (six months of imprisonment) is too unreasonable.

2. Article 153 of the Criminal Act provides that when a person who committed perjury makes a confession before the judgment of the said case became final and conclusive, the punishment shall be mitigated or exempted as necessary.

According to the records, it is recognized that the defendant led to the confession of the crime of perjury on the date of the first trial of the court of first instance on January 11, 2018, and the fact that the Suwon District Court Ansan Branch 2015 Gohap 24604 case, the appellate court of Seoul High Court, 2017Na201521, the appellate court of which was the appellate court, is proceeding, is significant in this court.

Therefore, the judgment of the court below cannot be maintained in this respect, since the defendant's perjury should be necessarily mitigated or exempted pursuant to Article 153 of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by this court and the summary of evidence are as stated in each corresponding column, in addition to adding “the Defendant’s trial testimony at the trial court of 1.1” to the summary of evidence of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 153 and Article 55 (1) 3 of the Criminal Act (in cases of confession, etc.) to be mitigated by law;

1. The crime of perjury with the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the circumstances favorable to the reasons for sentencing) needs to be strict since it is difficult to discover the substantive truth, and it undermines the judicial functions of the State.

However, the defendant recognized the crime of this case late at the time of the trial.