A defendant shall be punished by imprisonment for three years.

The seized 10000 per centur (No. 2).

A. The court below's decision that did not reduce self-denunciation even though the defendant voluntarily surrenders himself/herself, contains an error of misunderstanding legal principles.

B. The sentence imposed on the Defendant of an unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The court's arbitrary mitigation or exemption of punishment is merely a case where the number of self-denunciations is recognized, and the court below is not illegal even if it did not reduce the number of self-denunciations.

(See Supreme Court Decision 2004Do2018 Decided June 11, 2004, etc.). Therefore, the argument that the lower court erred in the misapprehension of legal principles as to self-denunciation and mitigation constitutes an allegation of unfair sentencing. Accordingly, the lower court’s determination of whether the Defendant received self-denunciation and its determination of sentencing accordingly is examined.

The self-denunciation refers to the expression of intent to voluntarily report the crime to the government agency responsible for the investigation and to seek the disposition, including the case where the offender voluntarily attended the investigative agency after the occurrence of the crime and led to the confession of the crime.

I would like to say.

(See Supreme Court Decision 94Do618 delivered on December 27, 1994, etc.). According to the evidence duly adopted and investigated by the court below and the court below, the defendant went to the Jinju Police Station along with his father to accept the defendant after committing the instant crime, and the father of the defendant called the victim and became aware that the victim was in front of the Jinju Police Station, and the victim was in front of the Jinju Police Station. The police officer asked the police officer to attend the police station at the 11th of the following day because he was the father of the defendant, and the police officer requested the defendant to attend the police station at the 11th of the following day. At the above request, the defendant appeared to have a passive attitude, such as voluntarily attending the Jinju Police Station at the 11st of the following day and under the interrogation of the suspect, reducing the facts of partial crimes and making statements at the time of the examination of the suspect.