The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of false judgment is a serious crime that interferes with the appropriate exercise of national criminal justice or disciplinary rights, and is in danger of criminal punishment or disciplinary measures, and there is a strict need to punish the person under serious mental harm. The fact that the person under no punishment seems to have suffered serious mental harm, and that the criminal defendant committed assault against him/her to avoid so that he/she was punished against a fine is disadvantageous to the criminal defendant.

On the other hand, the fact that the defendant recognized the crime of this case when he was in the trial, and divided his mistake, that the defendant did not reach the stage in which he was prosecuted, that the defendant did not want the punishment of the defendant in consultation with the person under no charge, that the person under charge did not want the punishment of the defendant in consultation with the person under charge, that the person under charge did not have any specific criminal power, other than that subject to punishment once by assaulting the person under charge, etc.

In addition, if all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance after the crime, etc., are taken into account, the sentence sentenced by the court below is too unreasonable.

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.

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 (i.e., confession) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act regarding community service order;