The prosecutor's appeal is dismissed.

1. The sentencing of the lower court on the gist of the grounds of appeal (exemption from punishment) is too unfasible.

2. Determination

A. Since the crime of false accusation has a dual character of protecting not only the appropriate exercise of the State’s trial function, criminal or disciplinary right, but also the individual’s interest in order to avoid an unjust punishment, reporting false facts for the purpose of having a criminal punishment imposed upon another person is a serious crime that infringes upon the national and individual legal interests, and thus, the defendant needs to be punished strictly.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was neither previous nor sentenced to imprisonment, and that the Defendant led to confession and reflect on the instant crime, that the Defendant was diagnosed as a Maternal 2nd disability, and that the state of health is not good, that the Defendant was a recipient of basic living, and that the Defendant’s leakage or was the Defendant’s wife.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, living environment, details and consequence, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.