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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for one year of imprisonment) is too unhued and unreasonable.
2. On June 19, 2015, the Defendant was sentenced to three years of imprisonment for similar rape, etc. at the Busan District Court on January 28, 2016, and the judgment became final and conclusive on January 28, 2016, and the circumstances, such as the need to determine punishment in consideration of equity with the case where the instant crime is concurrently adjudicated, are recognized.
However, the crime of this case was committed against E, F, and E in the course of the appellate trial trial on the grounds that the defendant committed similar rape, etc. against E, E, and E in the above case, and the nature of the crime was extremely poor in light of the circumstances of the crime, contents, etc., and the crime was committed. The crime of false accusation is not only to interfere with the proper exercise of the State's criminal or disciplinary right, but also to interfere with the individuals who want to be subject to unfair criminal punishment or disciplinary measure, and there is a need to severely punish the crimes because of the poor nature of the crime. In addition, in this case, the second damage was caused by the defendant's appearance at the investigative agency after being examined by the court of the court below on suspicion of perjury, such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, etc., the court below's judgment is too unfair, taking into comprehensive account the following circumstances.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;