The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant of the Prosecutor.

1. Summary of grounds for appeal;

A. Defendant A1) Defendant A, as indicated in the lower judgment, led to the confession of each of the crimes of perjury 4592, the upper part of 2016, the lower court, and each of the crimes under Article 4662(1) of the High part of 2016, the lower court did not apply the necessary reduction or exemption provisions of Articles 153 and 157 of the Criminal Act to each of the above crimes.

2) The lower court’s punishment (one year and two months of imprisonment) that was unreasonably alleged in sentencing is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (as above, Defendant A is the same, Defendant B is the same as the above, and Defendant B is the three years of suspended sentence in August) is too unfasible and unfair.

2. Determination

A. Defendant B’sless crime of Defendant B is designed to take unfair economic benefits, and the nature of the crime is not good, and the fact that Defendant B was convicted of fraud with the intention to avoid the crime without the intent of Defendant B, and that the judgment became final and conclusive is unfavorable to the Defendant.

However, considering the fact that Defendant B does not have any history of punishment for the same kind of crime, N does not want the punishment of the Defendant, the fact that the Defendant is aware of and against his mistake, and other circumstances revealed in the arguments in this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable, and thus, the Prosecutor’s assertion on Defendant B is not acceptable.

B. According to the records of Defendant A, Defendant A led to confession prior to the confirmation of the judgment of the court below as to the crime of perjury 4592, which was decided in the judgment of the court below [the case in question (Seoul District Court Decision 2016 Goju District Court Decision 2015No. 16243) was concluded on December 23, 2016, and Defendant A led to confession of perjury at the court of the court of the court below on December 6, 2016, which was the previous case]. Defendant A led to confession prior to the confirmation of the judgment of the court of the foregoing case as to the crime of perjury 4662, which was decided in the judgment of the court below [the case in question (Seoul District Court Decision 2011No. 64293) was not prosecuted for the foregoing case (No. 2011No. 64293)].