A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. In a case where a person who committed an ex officio judgment-free accusation voluntarily surrenders himself to the confession or voluntarily surrenders before a judgment or disciplinary action on a case on which a false fact was reported, the punishment should be mitigated or remitted (Articles 157 and 153 of the Criminal Act). Since it is obvious that the Defendant led to the instant crime in the trial, and the criminal case against the Defendant, for which he was dismissed, was not prosecuted, and the judgment of the court below should be mitigated or exempted in accordance with Articles 157 and 153 of the Criminal Act, so long as the punishment against the Defendant is necessary, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as stated in the corresponding column of the judgment below, except for adding “1.1. Defendant’s oral statement” to the column of the evidence of the court below, and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 156 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

2. Articles 157, 153, and 55(1)3 of the Criminal Act to be mitigated by law (as a result, a confession has been made in the past trial, the crime of false accusation is committed);

3. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe injury).

4. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

5. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection and Observation, etc. is that the Defendant committed the instant crime.