A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

2. The crime of false accusation is not only a serious crime that actively infringes on the nation’s criminal justice function, but also causes a person without criminal punishment to be subject to unfair criminal punishment.

It seems that the defendant'sless person who suffered severe mental pain seems to have suffered severe mental pain.

This is disadvantageous to the defendant.

However, the defendant is the first offender, and the crime of this case is recognized, and is against the law.

The defendant paid 20 million won to the person who was in the first instance, and the person who was in the second instance has not been punished for the defendant.

The defendant is currently pregnant and has a child who is expected to be given birth, and has to provide support.

This is the circumstances favorable to the defendant.

In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. On the grounds as examined in the determination of the illegality of sentencing prior to the grounds for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act, the punishment shall be determined as per Disposition on the grounds as examined in the determination of the illegality of sentencing.