All judgment of the court below shall be reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The main points of the grounds for appeal are that the punishment (two million won of each fine) imposed by the court below on the defendant is too unreasonable.

2. Ex officio determination

A. This Court decided to jointly examine each appeal case against the judgment of the court of first instance and the judgment of the court of second instance, and each of the offenses against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment for concurrent offenses under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be reversed in its entirety.

B. In addition, Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or exempted in a case where a person who committed an act of false accusation makes a confession or a person receiving a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive. According to the records, the court below, the defendant was not prosecuted, and the defendant committed an act of false accusation against J on September 23, 2016, and committed an act of false accusation against D on September 30, 2016 at the first trial of the court of first instance on September 30, 2016, and the judgment of the court below on September 30, 2016 was recognized. Thus, this constitutes a case where the defendant made a confession before the judgment on the reported case becomes final and conclusive, and thus, the punishment is to be mitigated or exempted in accordance with Articles 157 and 153 of the Criminal Act (see, e.g., Supreme Court Decision 2004Do831, Apr. 9, 2004).

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows: 1. The summary of each judgment of the court is to be added to the "a summary of evidence" column.