The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in the month of imprisonment with prison labor) is too unfluent and unfair.

2. In light of the judgment, perjury is an offense that impedes the proper judicial function of the State and damages the people's trust in the judiciary and trial, and it is necessary to punish the defendant strictly. Even though the defendant had been sentenced to a suspended sentence of imprisonment due to a violation of the Act on Testimony, Appraisal, etc. before the National Assembly, it is recognized that there was a risk that other persons will be prosecuted due to the defendant's perjury.

However, in full view of the following factors: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant’s perjury did not affect the judgment; (c) the Defendant’s perjury did not actually commence an investigation into other persons; (d) the fact that there was only one time before and after the instant punishment except the aforementioned suspended sentence; and (e) other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the Defendant’s punishment is too uneasy and thus, it is deemed unfair; and

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.