The sentence of the lower court (two million won of a fine) is too unhued and unreasonable.

Judgment

The crime of false accusation is an unfavorable sentencing factor, such as the fact that it is a crime that harms the criminal justice function of the State and is likely to pose a risk of illegal criminal punishment, and that there was a risk of undermining the fairness of local elections due to the instant crime that led to the local election and was a candidate who was a member of the Do Council.

However, considering the following as a whole: (a) the Defendant’s mistake, including the act of theft, which was the motive for the instant crime, is recognized as a whole; (b) the Defendant has no criminal record exceeding the fine; and (c) the Defendant has contributed to society through ordinary volunteer activities, etc., it is a favorable factor for sentencing; and (d) other factors for sentencing, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character and conduct, and environment, are considered as being too unjustifiable, and thus, the Prosecutor’s assertion

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.