The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, if a person who committed a false accusation, surrenders himself to confession or surrenders before the judgment or disciplinary action on a case on which a false fact was reported, the punishment shall be mitigated or exempted (Articles 157 and 153 of the Criminal Act). According to the records, E and F, who was in accusation from the defendant, was not prosecuted. The defendant, who denied the instant accusation at the investigative agency and the court below, can find the facts of confession at the time of the trial, and therefore, the punishment against the defendant shall be determined after the necessary reduction or exemption pursuant to Articles 157 and 153 of the Criminal Act. In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows, except for the addition of “1.1. Defendant’s oral statement” to the summary of the evidence, and thus, it is identical to each corresponding column of the lower court’s judgment. As such, it is cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 156 of the Criminal Act concerning the facts constituting an offense (a point of injury) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Legal mitigation (in respect to the crime of false accusation) Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes (6 months of imprisonment) are as follows: (a) when the Defendant misunderstanding the victim E, who is a senior student, to be a larceny; and (b) the victim E, who is a senior student, is able to take the face of the victim E by drinking.