The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. The judgment of the court below is a favorable condition, such as the fact that the defendant led to the confession of the crime of this case at the court below, and the economic loss was incurred in the process of acquiring the right to use the fostering waters of the G fishing village fraternity Geung-gun.

However, the crime of false accusation is not only a violation of the state's criminal justice function actively, but also a serious crime that causes a person under serious danger of being subject to unfair criminal punishment, and there is a need to punish the defendant strictly. The defendant met to reverse his statement to I at the time of the investigation. The defendant escaped for about one year and two months, and voluntarily surrendered, the defendant denied the crime for more than eight times before confession in the court below, and examined the accused and related persons while denying the crime at the court below. The defendant examined the witness of the accused and related persons. In the trial, the defendant only asserted his legitimacy in relation to the crime in this case, and did not seem to be against the truth because the true intention and damage to the accused were not recovered. The defendant was sentenced to suspended sentence of imprisonment with prison labor due to perjury and other unfavorable circumstances, such as the defendant's age, character and behavior, environment, the background and consequence of the crime in this case, and the circumstances after the crime, etc., the defendant's assertion that the sentence imposed by the court below is unreasonable and reasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, it is in accordance with Article 369 of the Criminal Procedure Act.