The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. For the purpose of receiving money from the victim, the defendant submitted a false complaint to the court, abetted Co-Defendant B of the first instance trial to win the above civil procedure, and even if the above civil procedure was conducted disadvantageously, the court and the investigative agency attempted to do so for his/her own interest, such as aiding and abetting the victim and creating a false evidence. The nature of the crime is very poor.

However, in consideration of the favorable circumstances, such as the fact that the defendant has no record of punishment, the defendant served as a public official for 38 years, the retirement age was completed, retirement, and the order of good faith was received by the court below, the fact that the defendant was recognized as a perjury teacher in the court below, and the fact that it seems that his mistake was recognized and reflected, such as recognizing the fact that it was in the time of the trial, and that it was agreed with the victim during the trial, the favorable circumstances such as the defendant's age, character and behavior, environment, the background and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the court below to the defendant is somewhat inappropriate, and therefore

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Punishment of the crime

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Statement of the defendant in the courtroom of the court;

1. Statement in the original trial by the witness J

1. Protocol of examination of witness;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 152(1) and 31 of the Criminal Act, Article 156 of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. Legal mitigation is stipulated in Article 157 of the Criminal Act;