The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where a person who committed an ex officio judgment-free accusation voluntarily surrenders himself to the confession or voluntarily surrenders before a judgment or disciplinary action on a case on which a false fact was reported, the punishment should be mitigated or remitted (Articles 157 and 153 of the Criminal Act). Since it is obvious that the Defendant led to the instant crime in the trial, and the criminal case against the Defendant, for which he was not prosecuted, and the judgment of the court below should be mitigated or exempted in accordance with Articles 157 and 153 of the Criminal Act, so long as the Defendant’s punishment against the Defendant is necessary, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with 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.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as stated in the corresponding column of the judgment below, except for adding “1.1. Defendant’s oral statement” to the column of the evidence of the court below, and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Under Articles 157, 153, and 55(1)3 (Confession) of the Criminal Act, the reason for sentencing is a serious crime that disturbs the criminal justice procedure and the State’s exercise of penal authority. In particular, in a case where a person against whom no crime was committed is identified as a rape as the crime of this case, the person against whom no crime was committed will suffer disadvantages, such as having to attend an investigation agency and undergo an investigation. In addition, if the fact of suspicion is known to another person in the process, the person against whom no crime was committed should be punished strictly.