The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is that the defendant testified that there was no fact that he sold a phiphone to C in the trial of the perjury case against C, and made a false testimony contrary to memory.

Perjury is a crime that infringes on the judicial function of the state for the discovery of substantial truth and is highly likely to undermine trust in the judicial order.

However, at the time of the testimony of this case, the Defendant continued the trial against C as a violation of the Act on the Control of Narcotics, Etc. with respect to the act of selling phiphones to C, and the Defendant did not sell phiphones to C in the above pending trial, and denied the facts charged.

Even if considering the fact that the defendant's right to refuse to testify is guaranteed, the testimony of this case is subject to the charge that the defendant denies, so there is a high possibility of criticism as to perjury.

shall not be deemed to exist.

B. The sentence imposed by the court below is unreasonable in light of the following factors: (a) the Defendant led to the confession of and reflect against the instant crime; (b) there is no record of punishment for the same kind of crime; (c) the equity with the case where the judgment was rendered concurrently with the offense of violation of the Act on the Control of Narcotics, Etc., which became final and conclusive; and (d) other various sentencing conditions as shown in the records and arguments in the instant case, including the Defendant’s age, sex, and environment

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.