The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The lower court did not err by misapprehending the legal doctrine on factual mistake and the Defendant, as stated in the facts charged.

B. The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

2. The defendant and his defense counsel also asserted the same purport as the grounds for appeal under this part of the judgment of the court below, and the court below rejected the above assertion following a detailed statement of the circumstances that can be seen by considering the evidence in the judgment of the court below under the title "the grounds for conviction".

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no other error by mistake of facts or by misapprehending the legal principles as alleged by the

3. Determination of unfair argument about sentencing

A. Since the crime of false accusation has a dual character of protecting not only the appropriate exercise of the State’s trial function or criminal or disciplinary right, but also the interests of the individual who is not unfairly punished, reporting false facts for the purpose of having the other person punished is a serious crime that infringes upon the State’s and individual legal interests, and thus, it is necessary to strictly punish the accused and to sentence the accused.

B. Meanwhile, the Defendant had no previous conviction and had been sentenced to imprisonment for the year 2007 with the age of 70 years old, and was sentenced to imprisonment for 18 years with prison labor, and actually serving a sentence different from that of a life sentence. The Defendant submitted the purport that the Defendant would not request punishment of the person who was under the charge of the instant crime, but rather cause re-investigation.

There are extenuating circumstances, such as the fact that the statement was made (the fourth trial date of the court below, the 249 pages of the trial records), a long-standing convict life, mathy salt, a melt, etc.

(c)

In addition, the defendant's living environment, motive, details and result of the crime, and circumstances after the crime.