The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal (two years of suspended sentence in August) of the lower court is deemed to be too unhued and unfair.

2. The decision-free appeal is an active violation of the state's criminal justice function and causes the risk of criminal punishment to the other party who does not commit the crime. It is necessary to strictly punish the defendant. Rather, the injury inflicted on the victim due to the crime of this case is not easy, and the quality of the crime is not good. However, even though the defendant acknowledged the crime of this case and made a false accusation against his own mistake, the defendant deposited 4.5 million won in the court below, the defendant deposited 4.5 million won for the victim, and the defendant did not have the history of criminal punishment after being sentenced to a fine for obstruction of performance of official duties in around 2001, and other various circumstances, including the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., it cannot be deemed that the defendant's punishment against the defendant is excessive and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.