The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The grounds for appeal (e.g., imprisonment with labor for up to 10 months) by the lower court are too unreasonable;

2. Ex officio determination

A. We examine the Defendant’s assertion of unreasonable sentencing ex officio prior to the judgment.

B. According to Articles 157 and 153 of the Criminal Act, in a case where a person who committed an accusation under Article 156 of the Criminal Act leads to confession or surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted. As such, confession prior to the final and conclusive judgment constitutes grounds for the requisite mitigation or exemption of punishment

In addition, since there is no legal limitation as to the procedure of confession, it includes not only a confession against an institution dealing with the reported case or a trial division dealing with the case as a witness again, but also a confession by a court or an investigative agency as the defendant or suspect of the case, which is also included in the concept of the above confession (see, e.g., Supreme Court Decisions 73Do1639, Nov. 27, 1973; 2012Do2783, Jun. 14, 2012). In addition, “before a trial becomes final and conclusive” under Article 153 of the Criminal Act includes cases where the defendant’s accusation was revealed as a result of the investigation of the defendant’s complaint case, and the prosecution against the defendant was filed, and the decision of non-prosecution was not commenced with respect to the defendant, and the trial procedure was not commenced (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018).

Examining the instant accusation crime, the Defendant denied the crime by an investigative agency, but was found to have reached the lower judgment.

In addition, according to the records, the defendant was found to have been sentenced to a non-prosecution disposition on May 19, 2017 with no suspicion, and the public prosecution was not instituted. Therefore, it is clear that the judgment on the accused's complaint case becomes final and conclusive.

Therefore, in accordance with Articles 157 and 153 of the Criminal Code, the defendant's crime of false accusation is necessary.