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

However, for two years from the date this judgment becomes final and conclusive.

2. Ex officio determination of ex officio, the defendant led to the confession of the crime of this case, and as long as the defendant was not prosecuted E without prosecution, the punishment against the defendant should be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The defendant's oral statement is added to the summary of the evidence, except for the addition of the defendant's oral statement in the summary of the evidence, so it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

2. Statutory mitigation under Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act;

3. On January 14, 1985, there is no criminal record other than the sentence sentenced to a fine of 100,000 won due to the violation of the Road Transport Vehicles Act, the defendant is aged 72 years old, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., and other favorable circumstances such as the defendant's age, character and behavior, the motive and consequence of the crime, and the circumstances after the crime, etc. are recorded and arguments in this case.