The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal against the board of appeal, Articles 157 and 153 of the Criminal Act provide, “If a person who committed a crime without a complaint makes a confession or acceptance of a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted.” According to the records, C appears not to have been prosecuted, and the defendant led to the confession of the crime without a complaint in this case at the first trial date, and the defendant made a confession at the first trial date, and pursuant to Articles 157 and 153 of the Criminal Act, the punishment must be mitigated or remitted. In this regard, the judgment of the court below cannot be maintained further.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 156 (Selection of Imprisonment or Imprisonment)

1. Statutory mitigation (self-confluence) under Articles 157, 153, and 55 (1) 3 of the Criminal Act;

1. The crime of false accusation in sentencing under Article 62(1) of the Criminal Act is a crime that undermines the judicial function of the State and is highly likely to be subject to criticism as a crime that causes an innocent person to be subject to unfair criminal punishment; the defendant confessions all the facts charged in this case and reflects his mistake in depth; the defendant does not have the same criminal record; C wishes to be subject to criminal punishment; and the defendant’s age, character and conduct, family environment, and all the other factors of sentencing indicated in the record are determined as the sentence as ordered, taking into account all the factors of sentencing indicated in the record.