The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, Articles 157 and 153 of the Criminal Act provide that when a person who committed an act without an accusation makes a confession or acceptance of a person before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted. According to the records, D was not prosecuted, and the Defendant was found to have led to the confession of the instant act without an accusation on October 24, 2012 during the second trial of the lower court on October 24, 2012. Thus, this constitutes a confession before the judgment on the reported case becomes final and conclusive, and thus, the punishment shall be mitigated or exempted as necessary pursuant to Articles 157 and 153 of the Criminal Act.

(2) The court below erred by misapprehending the legal principles on confession in the crime of false accusation, thereby adversely affecting the conclusion of the judgment, and thus, the judgment of the court below cannot be maintained any further in this respect. The court below erred by misapprehending the legal principles on confession in the crime of false accusation.

3. If so, 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.

Criminal facts

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

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Legal mitigation has been led to the confession under Articles 157, 153, and 55(1)3 of the Criminal Act.