Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Ex officio determination of the court below, the crime of aiding and abetting perjury against the defendant is an aiding and abetting offender, and the punishment for the defendant shall be determined within the scope of the term of punishment for which punishment is to be mitigated as necessary under Article 32(2) of the Criminal Act. The court below determined the punishment by omitting aiding and abetting mitigation. The court below erred in the misapprehension of the judgment, which affected the conclusion of the judgment, cannot be maintained.
According to the records, even though the defendant received the notice of receipt of court records from this court on March 14, 2018, the defendant did not submit a statement of reasons for appeal within 20 days, which is the submission period for the appeal, and the petition of appeal does not contain the reasons for appeal. Thus, the grounds for appeal that the defendant later asserted are not subject to the judgment of this court (it is not erroneous in the judgment of the court below to convicted the defendant of the facts charged even if examining ex officio).
Criminal facts
The summary of the evidence and the facts charged by the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column 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, Articles 152(1) and 32(1) of the Criminal Act, the selection of fines for the crime, and the selection of fines;
1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)6 of the same Act
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant again committed the instant crime even though the Defendant conspired with E in collusion with the Defendant to commit a crime of evading compulsory execution in relation to the instant deposit, and the Defendant appears to have gained substantial benefit from the instant crime, and the Defendant’s age, sex, environment, family relationship, motive, and motive.