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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds of appeal by the defendant. Article 153 of the Criminal Act provides that if a person who committed perjury makes a confession before the judgment on the case becomes final and conclusive, the punishment shall be mitigated or exempted. Since there is no restriction as to the procedure of confession, there is no restriction as to the procedure of confession, it shall not be voluntary confession against the investigation agency, but it shall be included in the confession by the court or investigation agency as the defendant or suspect of the perjury (see Supreme Court Decision 2008Do656, Sept. 25, 2008, etc.). According to the records, the defendant was indicted as a witness of the above fraud case against B, Busan District Court Decision 2012Da1551, Feb. 27, 2012, the defendant, along with his accomplice, was indicted as a crime of fraud. On November 27, 2012, the witness of the above fraud case as stated in the facts charged in the judgment of this case, and the confession of the above facts against B on Aug. 137, 2013.
Therefore, even though the defendant should have been subject to the necessary mitigation or exemption of punishment in accordance with Article 153 of the Criminal Act, the judgment of the court below which omitted it is erroneous in the misapprehension of the judgment.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;