The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the lower court to the accused (ten months of imprisonment) against the summary of the grounds for appeal is too unreasonable;

2. In light of the fact that the crime of false accusation is likely to obstruct the proper exercise of the state’s penal authority, and that the accused is in danger of being subject to unfair criminal punishment, that is, the accused’s attempt to avoid a large number of false facts that can constitute a serious crime, such as claiming that the accused was forced to receive unfair criminal punishment, even though the accused voluntarily delivered a security to the accused, and that the accused appears to have suffered considerable mental suffering, and that the accused plans to commit the crime of this case, such as interfering with the accomplice who will act as the buyer for the purpose of committing the crime of this case, it is necessary to punish the accused strictly.

However, there is no record of punishment that the defendant has been punished in excess of the same kind of crime or fine, the fact that the defendant has led to the confession of his non-indicted in the court of original instance at the court of original instance, the fact that the person under no accusation by the defendant was prosecuted but did not have any disadvantage to the defendant under criminal trial after being investigated by an investigative agency, the victim was paid a total of KRW 40 million under the name of repayment of debt and consolation money to the victim in the trial, the victim did not want the punishment, the defendant is able to repent his mistake in depth through his prison life, and other sentencing conditions as shown in the argument of this case, such as age, character and behavior, family environment, the circumstance and result of the crime of this case, and the circumstances after the crime, etc., are considered to be unfair.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.