Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. Since the contents of a criminal defendant's complaint by mistake of facts and misapprehension of legal principles do not constitute false facts, it is nothing more than a petition to urge the criminal investigation, the criminal defendant is not guilty of false accusation.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant prepared a written complaint to the effect that the defendant arbitrarily changed the written complaint prepared by the prosecutor L around June 7, 2010, and the defendant committed the crime of abusing authority, obstructing the exercise of rights, and forging public document, and even though the defendant knew that the above facts were false, it is sufficiently recognized that the defendant received the above complaint with the intention of having the prosecutor L receive criminal punishment. Thus, the defendant's assertion of mistake of facts or misapprehension of legal principles is without merit.

B. Although the defendant was punished as a same kind of crime, and the defendant committed the crime in this case without being aware of it during the suspension period, and the act of deceiving others is not only actively infringing the function of the State's criminal justice, but also is not sufficient to commit a serious crime that is likely to be subject to unfair criminal punishment, it is unfavorable to the defendant. On the other hand, while the defendant, who was actually isolated from society, experienced conflicts with neighbors, resulting in the crime in this case without knowing appropriate means to avoid and reflect his opinion with related agencies, and there are circumstances to be considered in light of the circumstance. However, in light of the contents of the complaint, it appears that the defendant was relatively low in the risk of receiving criminal punishment, and in fact, the defendant did not receive any criminal punishment.