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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (six months of imprisonment, one year of suspended execution, one year of protection observation) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.
2. Determination
A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding sentencing, and the fact that there is a change in the conditions of sentencing compared to the first trial, and that the first deliberation sentencing does not go beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) It is recognized that the defendant filed a false accusation against the person under consideration of the wrong mind that he/she would receive damage as he/she wishes, regardless of how he/she had already undergone civil and criminal procedures against the person under consideration, and thereby, caused the risk of serious punishment to the person under consideration, and thus, there is a history that the defendant was sentenced to suspended sentence due to the same kind of offense, etc.
However, the above circumstances were already launched in the oral proceedings of the court below, and there was no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant's erroneous recognition and reflects against the defendant, and the defendant did not properly perform it despite being liable to the defendant according to the final civil judgment. Considering the circumstances leading to the defendant's complaint, it appears to be somewhat reasonable considering the circumstances leading to the defendant's complaint; the defendant is treating the defendant with alcohol addiction; the basic recipient is treating him as alcohol addiction; the defendant's age, sexual behavior, environment, means and consequence of the crime; and other various sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, it cannot be deemed unfair since the sentence of the court below is too unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. Conclusion.