The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 153 of the Criminal Act provides that “When a person who has committed perjury makes a confession or surrenders himself/herself before a judgment or disciplinary action on the said case becomes final and conclusive, the punishment shall be mitigated or remitted.”

According to the records, the judgment of the Busan District Court 2013 High Court 5095 High Court Decision issued by the defendant was finalized on August 30, 2014. On June 9, 2016, the above judgment became final and conclusive, it is recognized that the defendant led to the confession of the crime of this case to the investigation agency on June 9, 2016.

Nevertheless, the court below took measures to reduce punishment by applying Article 153 of the Criminal Act on the ground that the confession of the defendant was made, which is erroneous in the misunderstanding of legal principles as to mitigation of confession under Article 153 of the Criminal Act, and such illegality affected the judgment.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, 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. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the crime of this case is that the Defendant appeared as a witness of a criminal case against B, who is his spouse, and made a statement contrary to memory, and the quality of the crime of perjury is not weak, but is in the judicial action of the State by hindering the court’s trial for discovering the truth.