The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for seven months.

about the acquittal of the prosecutor.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the defendant could have intentionally committed a crime as stated in this part of the facts charged, and the judgment of the court below which acquitted the defendant as to this part of the facts charged, is unfair because the punishment of the court below (eight months of imprisonment) is too unreasonable (the defendant explicitly withdrawn the misunderstanding of facts and misapprehension of legal principles on the first trial date of the court below). B. The prosecutor's misunderstanding of facts (the part concerning the crime committed) based on the evidence submitted by the prosecutor. Thus, the court below which acquitted

2) The lower court’s sentencing (guilty guilty part) is too unhued and unreasonable.

2. Determination

A. We examine ex officio the defendant and prosecutor's reasons for appeal as to the guilty portion prior to the judgment.

According to Article 153 of the Criminal Act, when a person who has committed perjury under Article 152(1) of the Criminal Act makes a confession or surrenders himself/herself before the judgment or disciplinary action on the said case becomes final and conclusive, the punishment shall be mitigated or remitted. As such, confession prior to the final and conclusive judgment constitutes a requisite mitigation or exemption of punishment.

In addition, since there is no restriction as to the procedure of confession, it is not only voluntary confession against an investigative agency, but also a confession by a court or an investigative agency as a defendant or suspect of a perjury case, which is also included in the concept of confession (see Supreme Court Decision 73Do1639, Nov. 27, 1973, etc.). In this case, the defendant led to confession of perjury when he was in a trial, and the case of lease deposit against D, which the defendant proved, is in the course of the appellate trial (Cheongju District Court 2016Na 1237, Cheongju District Court 2016Na 1237), and it is obvious that the trial has become final and conclusive. Accordingly, the defendant should be mitigated or exempted from the punishment pursuant to Article 153 of the Criminal Act.

Therefore, the guilty portion of the judgment of the court below is no longer maintained.

(b) On the acquittal part of the prosecutor.