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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (one year of suspended sentence for four months of imprisonment) of the lower court is too unreasonable.
2. Perjury requires strict punishment for a crime that obstructs the proper exercise of judgment authority, which is a judicial action of the country, and the discovery of substantial truth, and the fact that the defendant's perjury was an important part in determining the establishment of a crime subject to perjury is unfavorable.
However, the court below's sentence that sentenced suspension of execution is unreasonable on the ground that the defendant was the first offender, and the defendant's perjury did not affect the result of a final trial, and that the defendant's perjury did not affect the conclusion of a final trial, and that the case subject to perjury is relatively minor. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and other various sentencing conditions as shown in the argument of this case, such as the background of the crime of this case, circumstances after the crime of this case,
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The substance of the facts charged and the gist of the evidence admitted by this court is as follows, except for the addition of “the defendant’s trial testimony” in the summary column of the evidence, since all of the judgment below is the same as each corresponding column of the judgment below, they are quoted as it is in accordance with Article 369
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;