The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. According to Articles 157 and 153 of the Criminal Act of ex officio determination, in a case where a person who committed a false accusation reported a false fact, confessions or surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted.

In the past, the defendant led to the confession of the facts charged in this case, and it is evident that he was prior to the final decision of the trial due to the lack of public prosecution against D which the defendant was not subject to illegal arrest, etc.

Therefore, the judgment of the court below cannot be maintained as it is because the punishment for the defendant should be reduced or exempted in accordance with the above provision.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.

[Grounds for the judgment below] The summary of criminal facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment below, except for the addition of "1. Defendant's trial testimony" to the corresponding column of the judgment below, and 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. The reason for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act is that the defendant repents his/her mistake and reflects his/her mistake, and that there are grounds for the necessary mitigation by confession in the trial of a party, etc., in favor of the defendant.

However, the defendant did not know D with false contents. This crime is not only actively infringing on the criminal justice function of the state, but also has a person under the risk of being subject to unfair criminal punishment.