A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On May 1, 2017, the Defendant was sentenced to one year of imprisonment for a crime of special assault, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on January 25, 2018.

【Criminal Facts】

On November 8, 2017, the Defendant appeared in the Incheon District Court No. 412, which was located in 163 Doo-ro 17, Michuhol-gu, Incheon, Incheon, as a witness of the violation of the Act on the Control of Narcotics, Etc., against X 2017 Godan3551, and took an oath.

On November 11, 2016, the Defendant testified to the Defendant that “I will not suppress the Defendant’s question that I have taken about approximately 0.4 g of philopon from X,” and the Defendant testified to the Defendant’s defense counsel’s answer that “I will, so far, have traded philopon with the Defendant only once.”

However, the Defendant transferred KRW 300,000 to X on November 11, 2016, and then received a single-use injection device from X containing approximately 0.4 g of philopon, and all such facts were memoryed at the time of testimony in the court.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the judgment in Incheon District Court Decision 2017No3551, Incheon District Court Decision 2018No192, etc.;

1. Recording notes;

1. Two copies of the rebuttals;

1. Previous records of judgment: Application of the provisions of Acts and subordinate statutes of each of the judgments of the case No. 2016Da1327 of the Seoul Central District Court Act, which refer to the inquiry of criminal and investigative career data, attachment of materials showing the latter half of the suspect, output of the consolidated case screen, Supreme Court Decision 2017Do18171,

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Statutory mitigation under Articles 153 and 55 (1) 3 of the Criminal Act;

1. The reason for the sentencing of the latter part of Articles 37 and 39(1) of the Criminal Act that treats concurrent crimes requires strict punishment as it damages the judicial function of the State by impairing the court’s deliberation for finding the truth.

In particular,