The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be six months);

2. Determination of perjury is a serious obstacle to the realization of judicial justice by making it difficult for a judge to find substantial truth, as well as requires strict punishment as a serious crime that shakes the foundation of the judicial system, and the fact that the defendant committed the instant crime during the period of repeated crime resulting from drug crimes is disadvantageous to the defendant.

However, in light of all the sentencing conditions shown in the pleadings of this case, including the defendant's age, sex, health conditions, means and result, it is recognized that the punishment of the court below is unfair because the defendant's confession was made after it has become final and conclusive (it does not constitute the grounds for the necessary reduction or exemption under Article 153 of the Criminal Act because the defendant's perjury was a confession after it became final and conclusive), the defendant has no record of punishment for the same kind of crime, and the perjury of the defendant seems to have a significant impact on the trial result.

Defendant’s assertion is with merit.

3. As 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 judgment below shall be rendered again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “1. Defendant’s statement in this court” to the summary of the evidence, since all of the judgment below is the same as the corresponding column of the court below, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination of the sentence like the order shall be made in consideration of the fact of reversal prior to the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.