The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The offense of false accusation is an offense that interferes with the appropriate exercise of criminal justice by the State and seriously infringes on the legal stability of a person under consideration.

In the case of the Defendant’sless special rape crime, the statutory penalty is high, and due to the characteristics of the crime, any tangible or intangible damage resulting in an unqualified person is greater than that of other crimes. Therefore, the corresponding punishment is needed for the crime of false rape, which is the damage of the above special rape.

Considering the fact that a person under investigation by an investigative agency is in danger of unfair punishment due to the criminal act of a defendant, the responsibility of the defendant for the crime is not less than that of the defendant.

However, in light of the following facts: (a) the defendant's late committing the crime; (b) the defendant paid 10 million won to the person who was in the first instance and did not want the punishment of the defendant; (c) the risk seems not to have been realized since the defendant was actually prosecuted or criminal punishment was not imposed against the person who was in the second instance; and (d) the defendant's initial crime and other circumstances shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive or circumstance of the crime; and (e) the circumstances after the crime, etc., it is judged that the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided 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, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.