The judgment below

The part against the Defendants is reversed in entirety.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for defendant C.

1. The respective sentence of the lower court (i.e., imprisonment with labor for 10 months, 2. Defendant C: imprisonment with labor for 8 months, 3. Defendant D: imprisonment with labor for 6 months) against the Defendants in the grounds of appeal (unfair punishment) is too unreasonable.

2. Determination: ① Crimes of perjury is a serious criminal that disturbs the judicial order and makes it difficult to discover substantial truth; ② Defendants, despite their statements, are anticipated to be somewhat vulnerable to deceiving the court in connection with the period of the instant crime in collusion with them when they make false statements contrary to the latter; ③ Defendants A and C committed the instant crime during the suspended execution period even after having been sentenced to the judgment of the suspended execution for the relevant crime; ③ Defendants A and C committed the instant crime during the suspended execution period; and Defendant D also took the lead in the relevant crime and did not have been able to take part in the instant crime for a long time after the execution of the sentence was completed.

However, in light of all the sentencing conditions in the oral proceedings, such as the confessions and reflects of the Defendants, the fact that there is no history of punishment exceeding the suspension of the execution of imprisonment in the case of Defendant A and C, and that there is no history of punishment in the event that Defendant D is excluded from the punishment for the relevant crime, the health status of Defendant A is not good, and that there is a family member to support the Defendants, and that there is an economic difficult situation, the sentence of the lower court against the Defendants is unreasonable.

3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against the Defendants is again decided as follows.

【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 as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;