A. Defendant did not have assaulted C, D, and E with a siren on November 3, 2015.

Therefore, the accusation submitted by the defendant to the Seoul Central District Public Prosecutor's Office around May 20, 2016 is not false.

Nevertheless, the court below judged that the above complaint was false and found guilty of the charges of this case. The court below erred in the misapprehension of facts.

B. The Prosecutor’s sentence (two years of suspended sentence for six months of imprisonment, the observation of protection, and 40 hours of alcohol treatment lectures) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant alleged that he assaulted C, D, and E with a siren on November 3, 2015, and that the Defendant did not have assaulted as above, and that the Defendant filed a complaint with the Seoul Central District Public Prosecutor’s Office’s Office of Public Prosecutor around May 20, 2016, stating that he did not have assaulted C, D, E, and F with a false accusation and perjury. Accordingly, the Defendant’s charges of this case are sufficiently found guilty.

Therefore, the defendant's assertion is without merit.

B. The instant crime of determining the prosecutor’s improper assertion of sentencing is not a good crime that disturbs the nation’s criminal justice function by reporting false facts to an investigation agency, and causes the Defendant’s novels to disrupt the risk of criminal punishment.

However, in full view of the following facts: (a) the Defendant has no record of criminal punishment for the same crime; (b) the Defendant has no record of criminal punishment for the same crime after 1989; and (c) the Defendant has no record of criminal punishment for the suspension of execution or more; and (d) other various sentencing conditions specified in the instant pleadings, such as the character and conduct of the Defendant, the motive, means, and consequence of the crime; and (b)

3. Conclusion.