A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

A. In relation to the erroneous determination of facts as to C in the judgment of the court below, C testified to the effect that "the defendant appeared as a witness in the first instance court of the case of indecent act by compulsion against the defendant, and "A witness to the victim D's will." The court below acquitted C's above testimony from the defendant's point of view that there is room to think that C's above testimony is a perjury from the defendant's point of view, and thus it is difficult to readily conclude that C's accusation is free from the point of view of the defendant's point of view, and C has consistently made a statement that it would be reasonable to judge whether C's accusation was made at the time of indecent act by compulsion against the above fact. However, the court below acquitted C of the charge of false accusation against C, which affected the conclusion of the judgment

B. The error of misunderstanding the above facts of unreasonable sentencing seems to have affected the sentencing. As such, the punishment of 10 months of imprisonment imposed by the court below, 2 years of suspended sentence, probation, 40 hours of sexual assault treatment, and 40 hours of mental and psychological therapy is too uneasible and unfair.

2. Determination

A. The Defendant was found to have committed soup sexual indecent act against D, a female, who was locked at a so set soup, and was convicted of having been sentenced to the appellate trial due to the witness C’s testimony and testimony, etc. after having received a complaint from D, which led to the above D and C’s awareness.

On September 21, 201, when the defendant was pending in the final appeal on his sexual indecent act case, on September 21, 201, the Yongsan-gu Seoul Yongsan-gu civil petition office of the Yongsan Police Station prepared a false complaint against C with an examination color pen attached to the complaint form for the purpose that the defendant would be subject to criminal punishment in the public petition office of the Yongsan-gu Seoul Special Metropolitan City, and would be favorable

The complaint filed by the defendant C is from the Seoul Western District Court No. 307 to 2010 High Court No. 2498.