The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence of the court below's objection (10 months of imprisonment, 2 years of suspended execution, 120 hours of community service) is too unreasonable.

2. Article 153 of the Criminal Act provides that when a person who committed perjury makes a confession before the judgment of the said case became final and conclusive, the punishment shall be mitigated or exempted as necessary.

According to the records, it is recognized that the defendant led to the confession of the crime of perjury through the statement of reasons for appeal at the trial on September 12, 2017, and that the case subject to perjury is still pending in the trial by the Seoul Southern District Court 2016No. 2316 (hereinafter “Special Intimidation case”). Therefore, the judgment of the court below cannot be maintained in this respect, since necessary reduction and exemption measures are taken against the defendant’s perjury.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment below] The facts constituting an offense and summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the addition of “the Defendant’s trial testimony at the court below” to the column of the evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 153 and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was proved by perjury after the defendant took an oath at the court of first instance against the victim of the special intimidation case, which makes it difficult to discover substantial truth and the criminal justice function of the State.