We reverse the judgment of the first instance court.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The first deliberation type (one million won in penalty amount) of the summary of the grounds for appeal (unfair sentencing) is too unhutiled and unfair.

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

When a person who committed perjury voluntarily surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive (Article 153 of the Criminal Act). The Defendant led to the confession or exemption of punishment (Article 153 of the Criminal Act). On May 23, 2017, prior to the final and conclusive judgment of a case of perjury, the Defendant led to the confession of the perjury at the first trial date of the first trial of the first instance court on May 23, 2017.

Therefore, the judgment of the first instance court that did not take necessary reduction or exemption for the crime of perjury cannot be maintained as it is.

3. If so, the judgment of the court of first instance is reversed ex officio. Thus, without examining the defendant's grounds for appeal, the judgment of the court of first instance is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided following the pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court is identical to the facts in the judgment of the court of first instance, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 152(1) of the Criminal Act, Article 31(1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 153 and 152 (1) of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In the instant case, where there is no change in the sentencing conditions that may be specifically considered in addition to the fact that the grounds for reduction and exemption are found in the appellate court for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the Disposition shall be determined by comprehensively taking account of the following circumstances, including the Defendant’s age, sex, environment, health conditions, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.