The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The defendant does not pay a fine.

Summary of Grounds for Appeal

The sentence of the court below is too unhued and unfair.

We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The punishment shall be mitigated or exempted when a person who committed perjury makes a confession before the judgment or disciplinary action against the above person becomes final and conclusive (Article 153 of the Criminal Act). Since there is no legal restriction as to the confession procedure, the confession procedure as above is included in the concept of the above confession (see, e.g., Supreme Court Decisions 73Do1639, Nov. 27, 1973; 2004Do831, Apr. 9, 2004; 2005Do9512, Feb. 9, 2006). According to the records, the defendant appeared as a witness in the trial of a special larceny case against B, and testified the defendant before the judgment of special larceny case against B becomes final and conclusive, since the investigation procedure of this case and his confession at the court of the original instance and the court of the first instance before the judgment of special larceny case against B became final and conclusive, there is a requisite mitigation or exemption reason under Article 153 of the Criminal Act.

Nevertheless, the judgment of the court below is unlawful since it did not apply this.

In this respect, the judgment of the court below cannot be maintained as it is.

Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse.