The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The sentence (1.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unfilled and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, if a person who committed a crime without prison labor and, prior to the judgment on the grounds for appeal by the prosecutor of ex officio, led to confession before the judgment or disciplinary action on the reported case becomes final and conclusive (Articles 157 and 153 of the Criminal Act), the punishment shall be mitigated or remitted (Article 157, Article 153 of the Criminal Act). According to the records, the defendant, as he led to the confession of the crime without prison labor in this case at an investigative agency, must be sentenced by the method of determining the punishment within the scope of the term of punishment for which the punishment is to be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act. However, the court below

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as stated in the judgment below, except that the phrase “the above date, time, and place” as “ around March 30, 2015, at around 17:00” as stated in the Criminal Procedure Act, is the same as stated in the corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act;

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act to be mitigated by law (a confession, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of false accusation in the sentencing of Article 334(1) of the Criminal Procedure Act is not only a serious crime that interferes with the appropriate exercise of national criminal jurisdiction or disciplinary rights, but also causes a person without criminal punishment to be subject to criminal punishment or disciplinary measures.