The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The fact that only requested the misunderstanding of facts B to state the fact as it is, and it does not interfere with the testimony of false facts contrary to memory.

Nevertheless, the court below recognized that the defendant instigated the perjury only with the statement of B which falls short of credibility, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in six months of imprisonment, and one hundred and sixty hours of community service order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of first instance shall assess the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is taking an oath before a judge, and the penology of the statement, and the penology of the witness’s statement, which are hard to record in the witness examination protocol, after being taken an oath before a judge. In a case where the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be dismissed without permission unless there is any separate reliable evidence to deem that the statements made by the witness are objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).