A defendant shall be punished by imprisonment for not less than eight months.

2. In a case where a person who committed an ex officio judgment-free accusation voluntarily surrenders himself to the confession or voluntarily surrenders before a judgment or disciplinary action on a case on which a false fact was reported is finalized (Articles 157 and 153 of the Criminal Act), the punishment should be mitigated or remitted (Article 157, Article 153 of the Criminal Act); and since it is apparent that the Defendant led to the confession of the instant crime when the Defendant was in the first instance trial, and since the Defendant’s criminal case against the Defendant was not prosecuted, it is obvious that the trial became final and conclusive, the judgment of the court below should be mitigated or exempted pursuant to Articles 157 and 153 of

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: ① The judgment below became final and conclusive on May 5, 2018, the third following the judgment of the court below.

“The foregoing judgment became final and conclusive on July 4, 2018.”

In addition to adding “1. Defendant’s in-court testimony” to the first head of the lower judgment, “a summary of evidence” of the lower judgment is identical as indicated in each corresponding column of the lower judgment. As such, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act (which led to confession in the first instance) of the said Act;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the crime of this case on the grounds of sentencing under Article 39(1) is the previous criminal case against a person who is not a party, and the defendant has already been dismissed in the case, and related thereto.