The judgment of the court below is reversed.

The sentence of punishment against the Defendants shall be suspended.

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of two million won) is too unreasonable.

B. Each of the above types of punishment by the prosecutor is too unhued and unfair.

2. The judgment of the court below is based on the fact that perjury is a criminal that undermines the proper exercise of judicial power and the discovery of substantial truth, as shown in the court below's reasoning, and the crime of perjury is not weak in that it proves the above evidence despite being a police officer.

However, in light of the Defendants’ age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., including the fact that the Defendants’ testimony did not affect D and all the facts of the crime of this case which were denied by the court below for the first time in the first instance without the criminal power, and that the Defendants’ testimony did not affect D, the court below’s punishment is somewhat weak.

It is recognized that it is too unreasonable rather than that.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following decision is rendered after pleading.

(3) Article 369 of the Criminal Procedure Act provides that a prosecutor’s appeal shall not be dismissed inasmuch as the defendant’s appeal is accepted and the judgment of the court below is reversed. [Separately used] Criminal facts and summary of evidence recognized by the court and summary of the evidence are as stated in the judgment of the court below, except for adding “1. Defendant’s oral statement” to the first instance trial in the summary of evidence, and thus, it is identical to the description in each corresponding column of the court below.

Application of Statutes

1. Article 152 (1) of the Criminal Act and Article 152 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) (one day: one hundred thousand won) of the Criminal Act for the detention of a workhouse;

1. Each criminal law of suspended sentence;