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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Defendant

Since misunderstanding of facts and misunderstanding of legal principles have been threatened by D, it is not unreasonable for the defendant to file a complaint against D, and the defendant does not have the intention to commit the crime of false accusation.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine, it is reasonable to deem that the Defendant filed a false accusation against D with the intent to have the Defendant receive criminal punishment as stated in the instant facts charged, and the Defendant’s intention without fault is sufficiently recognized.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

D made a concrete and consistent statement that there is no threat to the defendant.

Even according to the C Hospital CCTV video or the statement of the witness E of the lower court, D appears to have been trying to make the Defendant genuine, and as other patients are only the ones, D seems to have not been in a situation that could threaten the Defendant.

나아가 위 CCTV 영상에 의하면, D이 피고인에게 주먹을 들어 올리거나 피고인을 때리려는 시늉을 하는 모습을 전혀 찾아 볼 수 없고, 오히려 피고인이 D 등 C병원 관계자들에게 강하게 항의하는 모습이 보일 뿐이다.

The Defendant, while filing a complaint with the investigative agency against D, alleged that the Defendant supposed the risk of life by intimidation, but the Defendant continued to resist before C Hospital at the time of asserting that D was subject to intimidation, and did not go at the hospital, and reported the Defendant at 112 at the hospital, and the Defendant went back to the hospital after the police officer was dispatched to C Hospital.

The defendant asserts that he was threatened by D.