무고등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the grounds of appeal is unreasonable because it has been excessively unfilled to suspend the sentence of a fine of KRW 2,00,000 for the portion of the facts charged in the instant case.
2. The crime of this case was committed with a false complaint to the effect that the defendant did not suffer an injury from D, and that the defendant unilaterally assaulted D, but it was committed with the intent of having D intentionally inflict an injury on the part of the defendant for the purpose of having D be subject to criminal punishment. The crime of this case is not good.
Since such a crime without prejudice has a high risk of undermining the legal stability that the criminal justice function of the State and the risk that the under-person would not be punished for an unfair punishment, such harm and injury was actually realized as D was investigated into the suspect's position due to the defendant's complaint.
However, in full view of the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant appeared to be against the defendant, and the fact that the defendant's body might be deprived of the defendant's body while in the process of the crime of this case being committed, it seems that there exists a fact-finding in excess of the defendant's body as well as the defendant's body. D's agreement with D's original agreement with D's non-existence of the defendant's punishment, and there was no record of criminal punishment, and other circumstances revealed in the argument of this case such as age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime of this case, it cannot be said that the court below's delay of the sentence of fine 2,00,000 won as to the part of the facts charged of this case, which is unfair because it is too un
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.