The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below against the defendant on the summary of the grounds of appeal (the imprisonment of eight months and the suspension of execution of two years and the community service order of 80 hours) is too unreasonable.

2. The defendant's perjury as to the reasons for appeal is not limited to one time, and the date for pleading is set differently and two times, and the other party to a civil case, which the defendant issued a perjury, desires to impose severe punishment on the defendant, and considering the legal interests and functions of the protection of perjury, the fact that the nature of the crime is not good is unfavorable to the defendant.

However, in light of all the sentencing conditions shown in the pleadings of this case, including the defendant's age, sex, health condition, means and result, it is recognized that the punishment imposed by the court below is unfair because of the fact that the defendant's confession was made after the judgment became final and conclusive (it does not constitute the grounds for the necessary reduction or exemption under Article 153 of the Criminal Act, since the civil case, which was proved by the defendant, was confessions after the judgment became final and conclusive).

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal of this case is with merit, and the following decision is rendered again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the corresponding column of the judgment below, except where “1. Defendant’s statement in this court” is added to the summary of evidence, and thus, it is also acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;