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. Although the Defendant violated the law led to the confession of perjury at the lower court, he did not apply the necessary reduction or exemption provisions under Article 153 of the Criminal Act.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Where a person who has committed perjury as to the assertion of violation of laws and regulations makes a confession before the judgment or disciplinary action becomes final and conclusive (Article 153 of the Criminal Act), the punishment shall be mitigated or exempted (Article 153 of the Criminal Act). Since there is no legal limitation as to the confession procedure as above, the confession procedure as the defendant or suspect in the perjury case is also included in the concept of the above confession (see, e.g., Supreme Court Decisions 73Do1639, Nov. 27, 1973; 2004Do831, Apr. 9, 2004; 2005Do9512, Feb. 9, 2006). According to the record, the record, the defendant appeared at the trial of a special injury case against B on December 5, 2018; and the defendant testified as a witness on the part of the court below and the court below, and there is a requisite confession or confession of the above confession of the defendant under Article 315 of the Criminal Act.

Nevertheless, the judgment of the court below is unlawful since it did not apply this.

3. As the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is again rendered after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;