The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Articles 157 and 153 of the Criminal Act provide, “When a person who has committed a false offense makes a confession or accepts a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted.

“The Defendant is under the provision that the instant crime was committed in the course of the trial, and the Defendant is led to confession of the instant crime, and the case against the Defendant with respect to the Defendant, which was not prosecuted, is obvious before the trial becomes final and conclusive. As such, the Defendant’s punishment against the Defendant ought to be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s oral statement at the trial court” to the column for the evidence of the court below, and thus, it is identical to each corresponding column of the court below’s judgment; (b) thereby, it is acceptable in accordance with Article 369 of the Criminal

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The offense of false accusation under Article 334(1) of the Criminal Procedure Act is a serious crime that adequately exercises criminal justice and infringes upon an individual’s interests not being unfairly punished, and thus requires strict punishment. The Defendant has a record of being punished for a fine due to anless accusation.

However, the defendant is in the trial of the court.