The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. The Defendant did not instigate a perjury to D.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the Defendant submitted to the lower court as of January 8, 2018 to the lower court, and there is a fact that the Defendant made a statement in the first instance court to D, an accomplice, on the case without a license in the former trial.

“The author asked D but did not cause D to do so.”

The phrase "," 2. D consistently with the investigation agency and the original trial, the defendant asked to give perjury.

“The Defendant made a statement to the effect that there was no motive for the perjury regardless of the Defendant, and in light of the overall circumstances, such as the relationship with the Defendant and D, the contents of the statement at the time when D made the perjury, and the background leading up to the reversal of the Defendant’s statement concerning the crime of unlicensed driving, which was the object of perjury, the fact that D has instigated the perjury as recorded in the facts charged is sufficiently recognized.

The defendant's assertion of facts is without merit.

B. The crime of aiding and abetting a judgment on the illegal assertion of sentencing requires strict punishment for a crime that obstructs the proper exercise of the judgment authority, which is a judicial action of the State, or the discovery of substantial truth, and the fact that the defendant instigated a perjury to D for his own interest is disadvantageous to the defendant.

However, the lower court’s punishment is somewhat unreasonable in view of the following factors: (a) the Defendant’s confession of the crime without a license to drive and the perjury did not affect the result of the trial; and (b) the Defendant’s age, sexual conduct, environment, family relationship, motive for the crime, means and consequence of the crime; and (c) the circumstances after the crime.

3. Conclusion.