A defendant shall be punished by imprisonment for not less than eight months.

2. The crime of false accusation is an offense that interferes with the appropriate exercise of criminal justice by the State and seriously undermines the legal stability of a person under suspicion, and is of significant nature of such offense; the Defendant committed the instant crime in a planned manner by preparing letters, messages, details of passbook transactions, etc. to support his/her false information; and the Defendant has the same criminal record and is serving the same period of repeated offense.

However, in full view of the following circumstances: (a) it appears that the risk is not realized as a result of the actual institution of a public prosecution or criminal punishment is not imposed on a person under suspicion; (b) it appears that the person under suspicion expressed his/her intention that he/she does not want to be punished by the defendant; (c) the equality in the case where he/she undergoes a trial at the same time with a crime of violation of the Narcotics Control Act (fence) which became final and conclusive in the judgment of the court below; and and (d) other circumstances indicated in the records and arguments, such as the defendant's age, sexual conduct, environment, motive or circumstance of the crime; and (e) circumstances after the crime, the

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;