The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. The Defendant, who committed the instant perjury, led to the confession of the instant perjury to an investigation agency before the Seoul Northern District Court 2015 High Court 2015 High Order 3915 High Order D, etc., became final and conclusive. The lower court did not recognize that the Defendant should have to be mitigated or exempted from punishment pursuant to Article 153 of the Criminal Act, and thereby, determined the legal doctrine on the Defendant’s punishment, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence (six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination:

A. In the case of perjury, when a person who committed the crime under Article 153 of the Criminal Act makes a confession prior to the judgment or disciplinary action on the case stated above, the punishment shall be mitigated or exempted. Meanwhile, the confession includes the confession not only in court but also in an investigative agency, and as long as the defendant made a confession once he/she made a confession, the confession shall not be an obstacle to the application of the above Article even if he/she withdraws it after the confession and reverses it.

B. Examining the instant case in light of the aforementioned legal principles, according to the evidence duly adopted and examined by the court below, the case, including the forgery of official documents against the Seoul Northern District Court 2015 High Order 2015 High Order 3915 High Order, which the Defendant committed the instant perjury, was sentenced to the judgment of the court of first instance on October 20, 2016, and the final appeal was finalized on May 31, 2017 through the appellate court and the final appeal court, or upon dismissing the appeal of E and D on July 7, 2017, the final judgment became final and conclusive on the same day by the Supreme Court’s dismissal of the appeal of E and D on the same day, and on February 13, 2017, the Defendant could recognize the fact that he led to the confession of the instant perjury by the prosecution on February 13, 2017, which became final and conclusive, the lower court, notwithstanding the need to reduce or exempt the punishment under Article 153 of the Criminal Act.

(c)

Therefore, it is true.