A. The Defendant voluntarily surrendered to the police station on December 19, 2014, and voluntarily surrenders to the police station.

Nevertheless, the judgment of the court below which did not consider the number as mitigation element for the defendant is erroneous in misconception of facts.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. “Self-denunciation” as referred to in Article 52(1) of the Criminal Act regarding the assertion of mistake of facts is established when the criminal voluntarily reports the criminal facts to an investigative agency and expresses his/her intent to seek the prosecution. It includes cases where the criminal facts are voluntarily present at the investigative agency after the occurrence of the crime. As long as the number of persons has been established, the validity of the punishment becomes final and conclusive, and the number of persons occurring by denying the crime in the investigative agency or the court after the reversal thereof is not extinguished.

However, even if a report filed by an investigative agency is voluntarily denied the content of the report to the effect that the report clearly denies the crime, and is a fact that does not meet the requirements for the establishment of the crime, the number of self-denunciation is not established, and as long as the number of self-declarations is not established, even if the report was conducted in the investigation process or the trial process thereafter,

In addition, “self-denunciation” refers to a person who voluntarily reports his/her criminal act to a government agency responsible for the investigation and seeks the disposition. As such, it is only a confession that makes a statement on the criminal facts in response to an official questioning or investigation by an investigative agency, not a self-denunciation, and furthermore, it is established when the criminal expresses his/her intention to the investigative agency. Therefore, the internal intention alone is insufficient and it is externally indicated.