The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In relation to the mistake of fact, the court below found the defendant guilty of this part of the facts charged on the ground that the defendant did not make a false report because he was involved in an accident caused by the D Driving Vehicle at the time.

B. The sentence of the lower court’s unfair sentencing (two years of suspended execution, protection observation, and community service order80 hours in August) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On November 19, 2015, the Defendant appeared at the Seoul Seodaemun-gu Police Station Traffic Survey Team in the unification of Seodaemun-gu Seoul around November 11:35, 2015, while driving CK3 Motor Vehicles.

D makes a false statement to the effect that “A driver of CK3’s car runs away from the top line F of the Seoul Seo-gu Seoul Western E Commercial Building Stickner, the Defendant’s her her her her her her her her her her her her her her her herth herth herth herth herst herst herst herst herst herst herst,” with the aim of having a criminal punishment imposed upon him/her, and made a false statement to the Prosecutor G for the same purpose on February 26, 2016.

However, there was no fact that the defendant received the above car from the defendant.

As above, the Defendant reported false facts to an investigation agency for the purpose of having D receive criminal punishment, and made a false accusation against D.

B. The lower court’s judgment did not want to punish the Defendant.

The court found the Defendant guilty of this part of the charges on the ground that the Defendant’s report and statement of damage are false, on the ground that according to the D’s specific and clear statement in the investigation agency and court where it is difficult to find any particular reason to gather the Defendant, the automobiles at the time did not have contact with the Defendant.

(c)

(1) The prosecutor bears the burden of proving the facts charged in a criminal trial.