Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, one year of suspended execution, 120 hours of community service, and 5 million won of collection) is too unreasonable.

In the grounds of appeal, the Defendant alleged a mistake of facts as to the violation of the Attorney-at-Law Act as the grounds of appeal, but withdrawn the above assertion from the first trial date ( October 31, 2016).

B. In light of the fact that the prosecutor (not guilty part) submitted a letter of confirmation that contains false contents, and that there was a need to seek an office for the election of the president of the association from the F who aided himself/herself because the Defendant was in a situation where he/she intends to re-constition to the president of the reconstruction association at the time, and that the Defendant filed a criminal complaint against the F in the prosecutor’s investigation, the Defendant filed a complaint for the purpose of drinking F, etc., it can be sufficiently recognized that the Defendant submitted a false letter of complaint that “F borrowed KRW 7 million in total from the office rent of the office to be jointly used with F or the money received from another person,” even though the Defendant merely borrowed the office rent of the office rent of the office to make it possible for F to obtain the construction work from the Defendant.”

Nevertheless, the court below erred by misapprehending the legal principles or erroneous determination of not guilty of this part of the facts charged.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court determined that the Defendant cannot be deemed to have committed a crime of false accusation, on the ground that, although the Defendant, while filing a complaint against F, stated some false facts, it was merely an exaggeration of the circumstances of the reported fact, or that the Defendant did not directly affect the establishment of the crime in view of the overall part of the reported fact.

1 (1) The F shall be Q.