The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for a year, two years of probation, and 40 hours of community service) declared by the court below is too uneasible and unreasonable.

2. It is recognized that the act of reporting false facts for the purpose of having another person to be subject to criminal punishment is not only a violation of the purpose of avoiding criminal punishment, but also a serious crime that disturbs the exercise of the State’s penal authority and requires strict punishment. In particular, in light of the nature of a sex offense, the crime of reporting rape damage as in the instant case is very heavy liability, and the crime of this case is subject to the risk of criminal punishment.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.