The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On September 24, 2012, the Defendant: (a) had been faced with the upper part of the left arms in the course of coercioning the patrol vehicle by a police officer; and (b) the instant accusation is not false.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case erred by erroneous determination.

B. The sentence of the Defendant, which was sentenced by the lower court (4 months of imprisonment and 1 year of suspended sentence), is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted to the same effect as the grounds for appeal in this part, and the lower court, based on the evidence duly admitted, deemed that the Defendant intentionally committed an offense under the circumstance where the Defendant was unable to adequately memory the present situation, and accordingly, rejected the Defendant’s assertion and convicted the Defendant of the instant facts charged.

2) The first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial, in view of the spirit of substantial direct and psychological principle adopted by the Criminal Procedure Act (A).

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of an additional examination of evidence by the time the appellate trial ends, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2015Do2551, Apr. 15, 2016). (2) In a crime of false accusation, the reporting of false facts is contrary to objective facts.