The prosecutor's appeal is dismissed.

1. The defendant's judgment on the grounds for appeal does not result in the same kind of crime, but committed the crime of this case during the suspension of execution, and perjury requires strict punishment for a crime that obstructs the proper exercise of the judgment authority, which is a judicial action of the State, and discovery of substantial truth, is disadvantageous to the defendant.

However, in light of the circumstances such as the fact that the Defendant recognized the instant crime and the perjury of the Defendant appears to have no influence on the trial result, and considering various sentencing conditions in the records, such as the Defendant’s age, character and conduct, family relation, means and consequence of the instant crime, etc., it cannot be deemed that the lower court’s punishment of KRW 3 million is too unjustifiable and unreasonable.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.