The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. Ex officio determination, Article 153 of the Criminal Act provides, “If a person who has committed perjury under Article 152(1) makes a confession or surrenders himself/herself before the judgment or disciplinary action on the said case becomes final and conclusive, the punishment shall be mitigated or remitted.”

In addition, the provision on the reduction or exemption of punishment in a case where a person who has committed perjury under Article 153 of the Criminal Act makes a confession or a voluntary reduction or exemption of punishment before the judgment becomes final and conclusive, and there is no restriction as to the procedure of confession, and thus, it is not only voluntary confession against the institution dealing with the above confession, but also includes the defendant or suspect of the above perjury case in the concept of the above confession (see Supreme Court Decision 73Do1639, Nov. 27, 1973). According to the records, the court 2013 11307 cases of this court where the defendant issued the above confession has not yet become final and conclusive. The defendant submitted to the court of first instance on February 23, 2016 a statement of reasons for appeal that led to the confession of the above confession on the date of the trial at the first instance court, and thus, the court below's judgment has no further need to be mitigated or exempted from punishment pursuant to Article 153 of the Criminal Act.

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 again ruled as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows. The summary of the court below's judgment (2014 highest 4936), except for adding "1. Defendant's trial testimony" to the column of the evidence.