The prosecutor's appeal is dismissed.

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Determination perjury is an offense that interferes with the proper judicial functions of the State and damages people’s trust in judicial and judicial proceedings, and requires strict penalties corresponding thereto.

However, the crime of this case was committed by the defendant with his own report.

C When a criminal defendant was detained and resulting in a situation to be subject to criminal punishment, there are some circumstances that may be taken into account the circumstances and circumstances, and the false testimony of the defendant did not affect the criminal trial.

In addition, the defendant did not have the history of criminal punishment since 1996, and seems to be against his depth while recognizing the crime of this case.

In addition, comprehensively taking account of the various circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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