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 summary of the grounds for appeal asserts that the punishment imposed by the lower court (five million won of a fine) is too unreasonable.

2. It is recognized that the crime of false accusation is a crime that harms the criminal justice function of the State and imposes risks on persons who are in danger of being subject to unfair punishment, and thus is highly likely to be subject to criticism, and that there is a need to strictize it, and that the defendant C was damaged by attending the investigative agency several times due to the accusation of the defendant.

However, considering the circumstances favorable to the defendant such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the sentence of the court below is judged to be unreasonable, in full view of the following circumstances: (a) the defendant recognized the defendant's mistake; (b) the defendant was not punished as the facts of the complaint; (c) the defendant did not have any record of punishment except that he was punished twice; and (d) there was any family member to support the defendant.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

2. Statutory mitigation under Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act;

3. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

4. Article 334 (1) of the Criminal Procedure Act.