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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (2.5 million won in penalty) is too unhued and unreasonable.
2. Determination of perjury is an unfavorable circumstance in that it interferes with adjudication function and judicial function and causes obstruction to the court’s efforts to discover substantial truth.
However, the Defendant recognized the instant crime and is in profoundly against the Defendant, and the instant case was generated in the course of the Defendant’s appearance and statement as a witness during the trial of a perjury case, and there is a reason to consider some of the circumstances surrounding the instant crime.
It appears that at the time of the instant crime, there is no other criminal record except for the one-time fine due to the instant crime, and there is a family member to support.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.