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

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

A. The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant, Articles 157 and 153 of the Criminal Act provides that the punishment shall be mitigated or exempted in case where the person who committed an offense without accusation under Article 156 of the Criminal Act makes a confession or the withdrawal of a person before the judgment or disciplinary action on the reported case becomes final and conclusive. While the accusation case against D, who is the other party to the instant accusation, was not prosecuted at the court below, the defendant denied the accusation of the facts charged in the instant case at the court below, and led the confession on September 24, 2014, which was the first trial date of the trial, so the punishment shall be mitigated or exempted in accordance with Article 153 of the Criminal Act. In this regard, the judgment of the court below cannot be relieved.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the grounds for ex officio reversal and the prosecutor's allegation of unfair sentencing.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence is identical to the corresponding column of the judgment of the court below, except for the addition of the "legal statement of the defendant at the trial" in the summary of the evidence of the court below. Thus, it is cited as it is in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 156 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. As to the accusation under Articles 157, 153, and 55(1)3 of the Criminal Act, statutory mitigation is a crime.