The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence to one year of imprisonment) is deemed to be too unhutiled and unfair.

2. In light of the statutory penalty for a case of false accusation, there is a possibility that the result of serious damage may be caused, and the quality of the crime is not good, and the crime of false accusation is highly likely to be criticized in that it interferes with the trial function and judicial function and causes obstruction to the court’s efforts to discover substantial truth.

However, the fact that the defendant recognized the crime of this case, the fact that the defendant did not have actually been prosecuted due to the defendant'sless case, the fact that the defendant was the first offender, and the fact that the defendant did not want the punishment of the defendant is more favorable.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.