The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The crime of false accusation is not only a crime that interferes with the proper exercise of the State’s criminal or disciplinary rights, but also a crime that causes the suffering and danger of unfair criminal punishment or disciplinary measures to an individual who is under suspicion is in need of strict punishment due to poor nature of the crime.

However, in light of the fact that the defendant was found to have committed the instant crime when the defendant was in the trial, the defendant's ability to recognize and reflects the instant crime, and the defendant's ability to understand the language significantly falls compared to the general public due to a serious accident in 1988, such disability appears to have influenced the instant crime. In the investigation stage, the fact that the defendant was dismissed at the investigation stage and did not have been prosecuted, and the defendant did not have reached an agreement with the person who was in the trial; the defendant was the first offender with no record of investigation; the defendant was the first offender with no record of investigation; the defendant's age, environment, family relationship; the circumstances leading to the instant crime; and the circumstances before and after the instant crime, etc., the court below's punishment seems to be unfair by excessively unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with 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. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act);