Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

Articles 157 and 153 of the Criminal Act provide, “When a person who has committed a false offense makes a confession or accepts a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted.

“The Defendant is under the provision that the instant crime was committed in the course of the trial, and the Defendant is led to confession of the instant crime, and the case against D with respect to which the Defendant was not prosecuted and the trial becomes final and conclusive. As such, the Defendant’s punishment against the Defendant ought to be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court 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 follows: 1. The defendant's partial statement "B" is changed to "A. I. the defendant's own trial statement" on the part of the court below's judgment in the column for the evidence; thus, it is identical to each corresponding column of the court below's judgment. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of false accusation for sentencing under Article 334(1) of the Criminal Procedure Act infringes on the appropriate exercise of criminal justice and the interests of individuals that are not unfairly punished.