The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, if a person who committed perjury makes a confession ex officio on the part of perjury as stated in the judgment of the court below before the judgment of the court below became final and conclusive, the punishment should be reduced or exempted as necessary. According to the records of this case, as stated in the judgment of the court below, the judgment of the case No. 2000 of the case No. 2015 of the issued Gwangju District Court was finalized on April 7, 2017 by making a false statement contrary to memory for the purpose of impairing G with the intent to harm G as stated in the judgment of the court below, and it is recognized that the Defendant led to the confession of the crime of perjury on the first trial date of the court below on February 9, 2017, which is prior to the said final and conclusive date.

Nevertheless, the lower court, which did not take necessary measures to reduce punishment pursuant to Article 153 of the Criminal Act with respect to perjury as stated in the lower judgment’s holding against the Defendant, erred by misapprehending the legal doctrine on the reduction or exemption of punishment for perjury, thereby adversely affecting the conclusion of the judgment.

On the other hand, perjury is a concurrent crime under the former part of Article 37 of the Criminal Act with the remaining crimes and the crime of perjury. Therefore, the judgment of the court below cannot be maintained any more.

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 improper assertion of sentencing, on the grounds that the above judgment of the court below was reversed ex officio, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 133(1) and Article 129(1) of the Criminal Act regarding criminal facts and the choice of punishment.