The judgment of the court below is reversed.

Defendant

B Imprisonment for 6 months, Defendant C shall be punished by a fine of 4 million won, respectively.

Defendant .

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) against Defendant B is too unreasonable.

B. Defendant C did not submit the reasons for appeal within the submission period of the reasons for appeal.

2. According to Article 153 of the Criminal Act of ex officio determination, when a person who has committed perjury under Article 152(1) of the Criminal Act makes a confession or surrenders himself/herself before the judgment or disciplinary action in the foregoing case becomes final and conclusive, the punishment shall be mitigated or exempted as necessary, and this applies likewise to the above-mentioned teacher’s offense.

According to the records, the Defendants are recognized as having led to their confessions as to Defendant B’s perjury and perjury of Defendant C on the fifth trial date of the lower court, which was before the judgment of the case (2015 order 530 case that was proceeded at the lower court) which was presented by Defendant C was finalized.

Therefore, the court below erred in failing to take necessary reduction or exemption measures against the Defendants pursuant to Article 153 of the Criminal Act, and it changed the applicable punishment against the Defendants depending on whether the crime of perjury and perjury are reduced or exempted. Therefore, such illegality affected the judgment of the court below.

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing by Defendant B, and the judgment of the court 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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant B: Article 2 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016).