The judgment of the court below is reversed.

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

1. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. To examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and Article 153 of the Criminal Act provides, "When a person who has committed perjury makes confession or surrenders himself/herself before the judgment or disciplinary action on the foregoing case becomes final and conclusive, the punishment shall be mitigated or remitted.

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However, according to the records of this case, in the case No. 2016No. 844 of this Court where the defendant appeared at the hearing date and presented perjury, the defendant's testimony was sentenced to six months of imprisonment and one year of suspended execution for the defendant C on December 8, 2016, and the above judgment became final and conclusive on the 16th of the same month, and the defendant was present at the investigative agency on March 13, 2017 to investigate the crime of this case, and the defendant continued to deny the crime and led to the confession of the above evidence during the first trial date of the court below ( September 11, 2017).

According to the above facts, although the defendant made a confession of perjury, it cannot be viewed as a confession made before the judgment of the perjury became final and conclusive, and in this case, the punishment cannot be reduced or exempted as necessary.

Nevertheless, the court below rendered legal mitigation by applying Article 153 of the Criminal Act in determining punishment against the defendant. Thus, the court below erred by misapprehending the legal principles on statutory requisite reduction and exemption provisions of perjury, which affected the conclusion of the judgment. Thus, the court below is no longer able to maintain it.

3. Therefore, the judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the court below's judgment is reversed ex officio, and it is again decided as follows after pleading.

[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.