The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Since the contents of the Defendant’s complaint stated in the written complaint of mistake of facts in the facts charged are true, it does not constitute an accusation.

B. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of mistake of fact, and the lower court rejected the above assertion by providing a detailed statement of the judgment.

In light of the evidence duly admitted and examined by the lower court, the lower court’s determination that rejected the Defendant’s assertion and found the Defendant guilty of this part of the charges is justifiable

The defendant's assertion of mistake is without merit.

B. The crime of false accusation on the assertion of unfair sentencing is a serious crime that infringes on the national criminal justice function and imposes the risk of unfair punishment.

It seems that the victim was suffering from considerable mental distress due to the crime of this case.

However, there was no prosecution or criminal punishment of a person who was without accusation of the defendant.

A defendant has no record of criminal punishment other than punishment for a crime of immigration offense once.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, the court below's punishment is considered unfair.

The defendant's assertion of unfair sentencing is justified.

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 appeal is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;