A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

A. The sentence of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the determination on the assertion of unfair sentencing by both ex officio determination parties.

According to Articles 157 and 153 of the Criminal Act, in a case where a person who commits a false crime voluntarily surrenders himself/herself before a judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted. Article 153 of the Criminal Act provides that “before a final and conclusive judgment becomes final and conclusive” includes cases where, as a result of the investigation of a defendant’s accusation case, the prosecution against the defendant is discovered as a result of the investigation of the defendant’s accusation and the prosecution against the defendant is instituted, a decision not to prosecute the defendant and the trial procedure has not been initiated (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). According to the records, the trial procedure against D, the defendant who was the defendant who was the defendant who filed a complaint by indecent act, was not initiated, and the fact that

Therefore, the court below erred by misapprehending the legal principles on confession, which is a necessary reason for the necessary reduction or exemption of punishment, and thereby adversely affecting the conclusion of the judgment, since the court below omitted the punishment in accordance with Articles 157 and 153 of the Criminal Act.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, on the ground of the above ex officio reversal.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;