The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

The judgment below

part of acquittal.

1. Summary of grounds for appeal;

A. The lower court’s sentencing (ten months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1) misunderstanding of facts and misunderstanding of legal principles, the defendant can be acknowledged as false facts as stated in this part of the facts charged.

2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. The lower court rendered a judgment on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine, on the grounds stated in its reasoning, acquitted the Defendant on the charge of false accusation.

The judgment below

Examining the reasoning of the lower court compared with the evidence examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion

B. The Defendant committed a crime of intimidation, bodily injury, or special intimidation, as to the wrongful argument of sentencing between the Defendant and the Prosecutor.

The defendant has been punished several times for the same crime, and was a repeated crime at the time of the crime of intimidation.

However, in the court below, the defendant agreed with the victim of bodily injury and special intimidation, and agreed with the victim of intimidation in the trial of the party.

In full view of the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too somewhat unreasonable rather than that of the Defendant.

3. Since the defendant's appeal against the guilty portion of the judgment below in the conclusion of the judgment below is well-grounded, the conviction part of the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading

The judgment below

Since the prosecutor's appeal against the acquittal portion is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;