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 three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is against the crime of this case, such as recognizing all the facts charged of this case after the judgment of the court below, and withdrawing the damages lawsuit filed against X, etc.... Thus, considering the fact that there are no particular criminal records other than the records subject to punishment due to the dispute concerning the clan of this case, and that this case was likely to be tried like perjury for which the judgment became final and conclusive, or that the defendant's age is not good, and that the relationship with his family is obvious, it is unfair that the imprisonment (one year of imprisonment) imposed by the court below is too unreasonable.

2. In determining whether the Defendant continuously files a false complaint or lawsuit with respect to the instant clan, etc., the Defendant deposited KRW 5 million for the victim, but the victim submitted a reference document to the effect that the Defendant did not comply with any request and wanting to punish the Defendant, which is disadvantageous to sentencing.

However, considering the fact that the defendant's health status is not good for a considerable old age, and that he seems to reflect the crime of this case in depth while living a prison life for a period of two months, the withdrawal of civil litigation related to the clan of this case and the withdrawal of such mistake in the future, perjury for which the judgment became final and conclusive may have been judged as concurrent crimes under the latter part of Article 37 of the Criminal Act, and other circumstances such as character and behavior, family and social environment of the defendant, motive and means of the crime, the motive and consequence of the crime, etc., the punishment imposed by the court below is too unreasonable.

Defendant’s assertion is with merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is reasonable, and the judgment

Criminal facts

b) the evidence;