A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal ex officio, when a person who committed a false accusation, surrenders himself/herself to confession or surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive (Articles 157 and 153 of the Criminal Act). According to the records of this case, the defendant led to the confession of the crime of this case in the court of the first instance, and the criminal case against D, the defendant was not prosecuted, and it is obvious that his/her judgment becomes final and conclusive because it is obvious that he/she was not prosecuted, and thus, the punishment should be mitigated or exempted as necessary pursuant to Article 157 and Article 153 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. 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 for sentencing, on the ground that the above ground for reversal ex officio is reversed, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, except for the addition of “the Defendant’s oral statement at the court of first instance” to the column for the evidence of the court below, and thus, it is also acceptable as it is 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. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The crime with no reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, is enormous in the country’s appropriate functions of investigation and trial.