The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Before determining the reasoning of the Defendant’s appeal ex officio, pursuant to Articles 157 and 153 of the Criminal Act, if a person who committed an act of false accusation makes confession or surrenders himself/herself before the judgment or disciplinary action on a case on which a false fact was reported is finalized, the punishment shall be mitigated or exempted. However, the Defendant led to the conviction of the instant accusation in the first instance trial, and it is obvious that the Defendant had not been prosecuted against E with the forgery of a private document, etc., and that his/her judgment thereon becomes final and conclusive, and thus, the judgment of the court below should be mitigated or exempted from the punishment for the Defendant pursuant to the above Article. Thus, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion 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 evidence against the defendant recognized by this court is as stated in the corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s trial testimony” to “the summary of the evidence” as stated in the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. The sentencing criteria [Scope of the recommended punishment] Category 1 (General Dismissal) area (one month to one year) (special sentencing factors) - The confessions made within the mitigated range:

2. Determination of sentence: Imprisonment with prison labor for eight months or suspension of execution for two years shall interfere with the appropriate exercise of the right of criminal or disciplinary action by the State;