The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Article 157 and Article 153 of the Criminal Act provide that, prior to the judgment on the grounds of appeal by the accused and the public prosecutor, in a case where a person who committed an act of false accusation makes a confession or surrenders himself/herself before the judgment on the reported case or disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted.

According to the records of this case, the Defendant, on December 21, 2017, was aware of the fact that he led to the instant crime on the first trial date.

Therefore, the crime of this case constitutes a confession made by the Defendant against C before the judgment of the case was finalized, and thus the necessary mitigation or exemption of punishment should be made pursuant to Articles 157 and 153 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining each of the unfair sentencing arguments by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence acknowledged by the court and the summary of the evidence are as stated in each corresponding column, except for the addition of “1.1 Defendant’s trial testimony” to the first copy of the evidence of the court below’s judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. As Articles 157, 153, and 55 (1) 3 (a confession) of the Criminal Act that statutory mitigation would prevent the judicial action of the State and the waste of investigation personnel, the crime without reason for sentencing is not only likely to cause interference with the judicial action of the State, but also the risk of criminal punishment.