The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The summary of the grounds for appeal by the defendant is that the punishment (six months of imprisonment) of the judgment of the court below is too unreasonable.

ex officio, Article 157 of the Criminal Act provides that Article 153 of the same Act shall apply mutatis mutandis to the crime of false accusation. Article 153 of the Criminal Act provides that if a person who has committed perjury pursuant to Article 152 of the same Act makes a confession or acceptance of a person, prior to the judgment or disciplinary action on the said case becomes final and conclusive, the punishment shall be mitigated or exempted as necessary. However, since the defendant made a confession of the crime of false accusation at the trial, there was a reason to reduce or exempt the punishment necessary for the defendant.

Therefore, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and the following judgment is rendered.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157 and 153 of the Criminal Act for statutory mitigation (a confession has been made before the judgment of a case was finalized);

1. Article 62 (1) of the Criminal Act (including the fact that there is no past record of the same kind of crime and that there is a reflective fact while living under prison life for not less than two months);