Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) of the lower court is deemed to be too unhued and unreasonable.
2. The crime of false accusation is a crime which impairs the proper trial function of the State penal authority, and is in danger of unreasonable criminal punishment, and requires strict punishment. In light of the circumstances or contents of the crime of this case, the nature of the crime of this case is inferior, and the human resources and time of the investigative agency were wasted due to the crime of this case, and it seems that the person under investigation was suffering from considerable mental suffering, such as being investigated several times by the investigative agency, and that the defendant continued to be accused of the prosecution's non-prosecution disposition against the crime of this case until the prosecution's appeal is dismissed. However, even if the defendant's non-prosecution disposition against the defendant against the crime of this case is dismissed, it is unfavorable for the court below to take into account the following circumstances: the defendant all of the crime of this case is led to the confession and rebuttal of the crime of this case; the fact that the person under investigation and the person under investigation were not subject to criminal punishment; the fact that the defendant did not have any force to criminal punishment other than one million won due to the crime of violating the Road Traffic Act; the defendant's age and circumstances before and after the defendant's oral sentencing.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.