The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., punishment of a fine of five million won) made by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, Article 153 of the Criminal Act provides that “When a person who has committed perjury makes a confession or surrenders himself/herself before the judgment or disciplinary action on the foregoing case becomes final and conclusive, the punishment shall be mitigated or remitted.”

However, according to the records of this case, the Daejeon District Court 2012Kadan542 case, which issued a perjury by the defendant, was finalized on January 5, 2013, and the defendant, on March 15, 2013, acknowledged the fact that the prosecutor led to the confession of the facts constituting the perjury of this case. Thus, the punishment against the defendant who led to confession after the judgment of the criminal case was finalized cannot be reduced or exempted as necessary.

Nevertheless, the court below rendered legal mitigation by applying Article 153 of the Criminal Act in determining punishment against the defendant. Thus, the court below erred by misapprehending the legal principles on statutory requisite reduction or exemption of perjury, which affected the conclusion of the judgment. Therefore, it is difficult to dismiss the judgment of the court below.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act on Criminal Facts and Article 152 (1) of the Multiple-choice Punishment Act;

1. Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse;

1.Article 334(1) of the Criminal Procedure Act of the Republic of Korea