1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. However, for a period of three years from the date this ruling becomes final and conclusive.

1. The sentence imposed by the court below (two years of imprisonment, four years of suspended execution, and 80 hours of community service) is too unreasonable.

2. The crime of this case is an unfavorable circumstance for the following reasons: (a) the Defendant committed the crime of this case by using a passenger car, which is a dangerous thing with the victim, causing bodily injury to the victim; and (b) H’s accusation for the purpose of having the victim receive criminal punishment; (c) the crime of false accusation is not good; and (d) the crime of false accusation is likely to interfere with the function of the State’s criminal justice.

However, the Defendant recognized all of the instant crimes and divided his mistake in depth, and the Defendant agreed with the victim of a special injury during the instant crime only with the victim so that the victim does not want to be punished by the Defendant, and the Defendant does not have any record of punishment except that sentenced to a fine due to a crime of violating the Road Traffic Act (driving of Drinking) around 2006.

In full view of the above circumstances and other circumstances, the sentence imposed by the court below is somewhat unreasonable, taking into account all the following circumstances: the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 156 of the Criminal Act (a point of false accusation and choice of imprisonment with labor);

1. Articles 157, 153, and 55(1)3 of the Criminal Act (in the event of confession, the crime of false accusation is committed) of the Criminal Act mitigated by law.