The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not have made a false testimony in the Seoul Southern District Court 2015 High Order 3412 (hereinafter “relevant case”).

B. In light of the fact that the criminal defendant was assaulted by the victim E at the time of the occurrence of the relevant case, and testified with pure mind intending to escape C in the relevant case, which has been suffering a big pain up to now, the punishment sentenced by the court below (3 million won) is too unreasonable.

2. Determination

A. Various circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, in the investigation agency of the relevant case, Defendant 1 had been engaged in the Dandong on the day of the instant case in excess of 12:0 ambling with C, and continued to have been 3 or more times until the new wall was 3 or more times.

On the other hand, C entered a new club at 2:00 p.m., and salking with the Defendant, did not have any fact, and salking the Defendant at the stage.

On the day of the instant case, the statement was made and the time when the instant case was met, and the employees in charge of C at the said club stated that C did not have any fact that he had salkingd to C at the time, and the Defendant appeared in the court of the relevant case at the time of the instant case and moved from the stage to the table with the Defendant’s left hand at the time of the instant case.

However, there is E on the left side of C based on C and there is a defendant on the right side of C.

On the other hand, the statement in itself was made, and at the time of the occurrence of the relevant case, the DNA of the club that observed the situation was made by C to the effect that C had loaded the chest of E and immediately moved to the tables, and it was not mentioned at all as to who C was moving with ar and hand, and E went away immediately after the instant case.