The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The lower court’s sentence (one year of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. It is recognized that circumstances such as the Defendant’s confession to commit the instant crime, and the fact that the Defendant committed the instant crime for the purpose of A, i.e., having no particular criminal history except for those subject to punishment once as a fine for the instant crime, and the testimony of E did not affect D’s conclusion of the judgment.

However, the crime of this case was prosecuted by D due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.), and was tried by the Defendant, the Defendant provided a minor person E with financial benefits, such as cash, etc. In the process, the Defendant provided him/her with economic benefits in the process. The crime of perjury is very poor, and it is necessary to strictly punish him/her as a crime causing confusion and incompetence in the judicial action of the State by hindering the court’s trial for finding the truth, and taking into account other various sentencing conditions, such as the Defendant’s age, sex, environment, means and method of the crime, and circumstances after the crime, etc., the sentence of the court below that sentenced the suspension of the execution of imprisonment without imposing a community service order against the Defendant is unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 of the Criminal Act, Articles 152 (1) and 31 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 153 and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1060, Jan. 1, 201)