Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower court (one million won of a fine) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The fact that the defendant had no criminal record at all, the defendant is able to make a confession of the crime of this case and reflects the defendant, there is no evidence to prove that the defendant obtained any benefit due to the crime of this case, and the fact that the defendant's perjury did not affect the result of civil procedure is an element of sentencing favorable to the defendant.

B. Perjury is an important element of sentencing unfavorable to the Defendant that interferes with the trial of the court for the discovery of substantial truth and thus requires strict punishment as a crime impeding the realization of the State’s proper judicial function, and that the Defendant’s testimony was an important evidence for the embezzlement of E in civil procedure.

C. In light of all circumstances, such as the character and conduct of the Defendant, the motive, means and method of the instant crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.