The prosecutor's appeal is dismissed.

1. The lower court’s sentence (five million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. The crime of false judgment is a crime that actively undermines the criminal justice function of the State, causes unnecessary social costs, and causes the risk of illegal criminal punishment to the victim.

The crime of this case was committed by the defendant twice through two times, and the crime stated in Paragraph (1) of the criminal facts was filed with the same contents, and one year and six months after the complaint was filed and the cancellation of complaint was revoked, and again filed a complaint with the same contents.

In addition, the defendant committed the crime of this case during the repeated crime due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

Meanwhile, when comprehensively considering the following: (a) the Defendant agreed upon D and D in the lower court’s agreement that only the Defendant was the Defendant’s wife against the Defendant; (b) the Defendant received the decision of non-prosecution in the case in which the Defendant filed a complaint; (c) the Defendant was detained in prison for two months prior to the pronouncement of the lower judgment; (d) the Defendant has an opportunity to reflect; and (c) the Defendant does not have any previous record; and (d) the Defendant’s age, character and conduct, the background and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.