The prosecutor's appeal is dismissed.

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of perjury is an offense that undermines the proper judicial function of the State and damages the people’s trust in the judiciary and trial, and requires strict punishment corresponding thereto, and the Defendant does not appear to deny and reflect the instant offense until it is in the trial.

However, the defendant has no record of criminal punishment since 1988 for the elderly, and the defendant's false testimony did not affect the criminal trial result, and there are some circumstances to consider the crime of perjury in his/her father's injury case.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.