The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts, the court below found the defendant not guilty of false accusation against the defendant, even though the defendant could have found the defendant guilty as stated in the facts charged.

B. The court below’s sentence of unfair sentencing (2 million won of fine) is too uneasible and unfair.

2. Examining the evidence of this case as to the assertion of mistake of facts in detail in light of the records, the court below's decision on this part of the facts charged is just and acceptable, and it is not recognized that there was an error of mistake of facts alleged by the prosecutor, on the grounds stated in its reasoning, by deeming that it is difficult to view that the evidence submitted by the prosecutor alone is sufficient to have a reasonable doubt about the fact that the defendant was not guilty.

3. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the appellate court’s opinion, and to refrain from imposing a

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the foregoing legal principles, if there is no change of circumstances that may consider the sentencing after the lower judgment and there is no change of circumstances that could be considered in the sentencing, and the sentencing conditions specified in the records and pleadings of the instant case are comprehensively taken into account, the sentence of the lower judgment is too unreasonable, even if the prosecutor asserts as the grounds for appeal, given that the circumstance in which the prosecutor asserts

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