The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Even if some of the circumstances are exaggerated or legal evaluation is erroneous, the defendant of the grounds for appeal only filed B with a true fact, and there is no false fact that B was false.

(In fact, misunderstanding of legal principles). The punishment sentenced by the court below (two years of imprisonment with prison labor for eight months or a stay of execution) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. Around August 4, 2017, the Defendant prepared a false complaint with respect to B using a computer at a place where it is unknown on or around August 4, 2017.

On August 2, 2017, the accusation states that “B made the Defendant threaten to die”, “B made a blue blue blue, etc. requiring treatment for about 15 days due to the Defendant’s body and arms, etc.” or that “B did not injure the Defendant’s chest or blue the Defendant’s body and arms.”

Nevertheless, around August 4, 2017, the Defendant submitted the above complaint to D, who is the police officer in charge, at the Daegu Jung-gu Police Station C, Daegu Jung-gu, Daegu District Police Station C, which is located in 55, Jung-gu, Daegu Metropolitan City.

Accordingly, the defendant was arrested for the purpose of having B receive criminal punishment.

B. The judgment of the court below is based on the following facts or circumstances acknowledged by the evidence duly adopted and examined by the court of the court below, namely, the defendant, after filing a complaint with the police due to intimidation, indecent act by force, and the crime of indecent act by force, etc., which was committed by the suspect in the crime of false accusation after being examined, for example, as to the circumstances of the crime of indecent act by force, injury, etc. when being examined as the suspect of the crime of indecent act by force, etc.