All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The first instance court convicted the Defendant of the charges of false accusation, despite the fact that the Defendant’s complaint was not false, since C and D, a police officer of mistake of facts, did not send the Defendant a bruptly suddenly suddenly sudden way to the toilet. The Defendant’s complaint was brupted from the toilet and brupted the Defendant, and the Defendant’s complaint was assaulted. Thus, the first instance court erred in misunderstanding of facts.

B. Since the Defendant was under the influence of liquor at the time of committing the crime of the judgment of the court below in the second instance, which did not reduce mental and physical disability, the court below erred in misunderstanding of facts or misunderstanding of legal principles as to mental and physical disability.

C. The Defendant asserts that the respective types of punishment (the first instance judgment: the fine of KRW 8 million, and the second instance judgment: the imprisonment of KRW 1: year) of the lower judgment are unreasonable, and the prosecutor asserts that the first instance judgment’s punishment is unreasonable and unfair.

2. Determination

A. The crimes of the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's concurrent deliberation of each case and then selected the same type of punishment for each crime, it is necessary to render a single sentence for each of the above crimes in accordance with Article 38 (1) of the Criminal Act. In this regard, the first and second judgment of the court below cannot escape from all of the reversal.

However, although the judgment of the court below has the above reasons for ex officio destruction, the defendant's assertion on the mistake of facts and mental health is still subject to the judgment of the court of this court.

B. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant was arrested as a flagrant offender of the crime of assault on September 18, 201 and was transferred to the E-district of the Jari Police Station, and was out of the Defendant’s gender.