The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence to six months of imprisonment) is too unreasonable.

2. As the lower court explained on the grounds of sentencing, the Defendant did not file a false complaint in order to give a disadvantage to a person who has not been subject to the judgment, and the Defendant’s liability for the crime is not weak.

However, the defendant thought that a person who had been a previous male was living together with another male, and committed a contingent crime, but he was immediately led to a confession and his mistake in the investigation process.

In addition, the defendant agreed with the non-indicted in the court below and agreed with the non-indicted in the judgment of the court below, as well as the non-indicted, the victim, the victim, and the parent of the non-indicted in the judgment of the court below wanting to take the preference for the future of the defendant, and there is no other punishment force except for those punished as a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2006 and a fine as a crime of violating the Road Traffic Act (driving).

In addition, comprehensively taking account of the records of this case, such as the defendant's age, sexual conduct, and circumstances after the crime, and all the sentencing conditions shown in the theory of changes, the court below's punishment is recognized as unfair because it is too unreasonable in light of the defendant's efforts to recover the damage suffered by the defendant at the court below and the court below.

Therefore, the defendant's improper argument in sentencing is acceptable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act and Article 156 of the Act on the Selection of Punishment for the Crime (Unauthorized Accusation, Selection of Fines) and Article 37 Subparag. 10 of the Resident Registration Act (Unlawful use of resident registration number).