The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. In full view of the contents written by F’s statement, G, and H of facts written by Defendant 1, it is difficult to readily conclude that F made a false statement as the prosecutor and the prosecution investigator conducted by the investigation agency, that is, it is difficult to conclude that Defendant did not have intention to make a false statement.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2) The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. In light of the language, legislative intent, etc. of the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act, where a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence may not be imposed, or the sentence may not be mitigated or exempted, taking into consideration equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decisions 2012Do9295, Sept. 27, 2012; 2009Do9948, Oct. 27, 2011; 2009Do948, etc.). In addition, according to the records, the Defendant’s request for a suspended sentence of imprisonment with prison labor for not more than 208Do209, Oct. 23, 2008; 2013Do165, supra, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for not more than 21.