The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of weak mental and physical disability, such as falling short of recognition ability and judgment ability upon receiving the notice of trust in a new forest.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the claim of mental disability, the fact that the defendant had committed an act that seems to fall short of recognition ability compared to the general public after receiving the right of performance in a forest. However, in light of all the circumstances such as the background and method leading to the crime of this case, the defendant's speech and behavior at the time of being investigated by the investigation agency after the crime, and the contents of the lawsuit in the court below, it seems that the defendant did not have the ability to discern things or make decisions at the time of the crime of this case, and thus, the defendant's argument of mental

B. In light of the motive of the crime and the circumstances before and after the crime, etc., it seems that a strict punishment is necessary in light of the following: (a) the Defendant continued to deny the crime of this case at the lower court and made a vindication; (b) the Defendant provided assistance in the embezzlement crime of D; and (c) the Defendant appears to have received the money in return for the instant perjury; and (d) the Defendant appears to have received the money, etc., it would be an unfavorable circumstance to the Defendant.

On the other hand, the fact that the defendant has been in the past when he was convicted of all his crime and is against the very serious attitude, that the defendant is the first offender who has not been subject to any criminal punishment so far, that the profit acquired by the defendant from the perjury in this case is not significant, and that the defendant seems to have been in sufficient time to have been in prison life for more than four months, etc. are favorable to the defendant.

The above circumstances.