The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

The gist of the grounds for appeal by the defendant is that the punishment for six months sentenced by the court below is too unreasonable in light of the following: (a) the defendant is against the defendant; (b) the defendant was acquitted of D in Seoul Southern District Court Decision 2014DaMa2275, which issued the defendant's perjury; and (c) the reasons for innocence are irrelevant to the testimony of the defendant; and (d) the defendant is faced with the crisis of business operated by the defendant due to the detention of the defendant.

Considering that there is a need for perjury to be strictly punished as a crime that obstructs the appropriate exercise of national judicial power, the punishment imposed by the court below is inappropriate in light of various circumstances, including the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing of this case, in light of various circumstances, including the following: (a) the defendant led to the confession of and reflect against the crime for the first time; (b) the defendant has no record of having been punished twice other than the amount of fine due to a crime different from this case; and (c) the Seoul Southern District Court 2014Da2275 decided that the defendant conspired to interfere with the business of the defendant; (d) in the above case, the defendant was acquitted on the ground that the defendant's duty cannot be deemed as a duty worthy of protection under the Criminal Act regardless of the defendant's perjury (at present, the court below's sentence is not reasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each corresponding column 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. Article 152 of the Criminal Act concerning criminal facts and the choice of punishment