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 two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In light of the fact that the prosecutor accused denies the instant crime from the investigative agency to the original trial, etc., the sentence of the lower court’s sentence (6 months of imprisonment, 2 years of suspended execution, 120 hours of community service) is too uneasible and unfair.

B. The sentence of the lower court is excessively unreasonable.

2. Prior to the judgment on the prosecutor’s judgment and the grounds for appeal by the defendant, the defendant led to the crime of this case on the second trial date of the trial of the first instance. Thus, this case constitutes a case where the necessary reduction or exemption of punishment should be made pursuant to Articles 157 and 153 of the Criminal Act (see Supreme Court Decision 2004Do831, Apr. 9, 2004, etc.). Accordingly, the judgment of the court below which did not take such measures cannot be maintained any longer.

3. Thus, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is so decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant is identical to each corresponding column of the judgment of the court below, except that "the legal statement of the defendant on the second trial date" is added to the summary of evidence of the judgment of the court below. Thus, it is acceptable to accept it as it is 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. Articles 157 and 153 of the Criminal Act (Confession) to be mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (Reasons for sentencing as follows) of the suspended sentence: ① there is no history of criminal punishment, the accused has cancelled the complaint of this case at the investigation stage, and the accused has led to the conviction of the crime of this case; ② On the other hand, when the Defendant was dismissed from a dental hospital where he had been working, the accused has filed a false complaint against D with the accused.