The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 5,000,000) is too unreasonable.

2. The crime of this case by making a false statement to an investigative agency to the effect that the victim committed an indecent act by force, and thus, the circumstances unfavorable to the defendant are recognized, such as the fact that the criminal liability is heavy in light of the content of the crime, and the fact that the defendant was not yet able to receive a letter from the victim, etc.

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects the defendant's mistake in depth, that the defendant made a civil conciliation with the victim in the trial of the party, and paid 4 million won as consolation money to the victim, that the victim was indicted or punished, that does not reach the result of prosecution or punishment, that the defendant was the first offender and appears to have lived in a relatively sincere life in Korea, and that the defendant seems to have been living relatively in good faith in the course of operating the carra in Korea, and that other circumstances, which form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., are too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (in cases of confession, etc.) of the Criminal Act mitigated by law;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;