A defendant shall be punished by imprisonment for six months.

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

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Articles 157 and 153 of the Criminal Code provide that the punishment shall be mitigated or remitted in a case where a person who commits an offense without a complaint surrenderss himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive.

However, the Defendant, at the first trial date, led to the confession of the instant non-prosecution crime at the trial date, and the Defendant’s accusation against C was rendered a non-prosecution disposition and the judgment becomes final and conclusive. As such, the Defendant’s punishment against the Defendant ought to be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are 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) 6 of the Criminal Act mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] [one month to one year] in the mitigation area (1 month to one year] [the person with a special mitigation] in self-denunciation and confession [the decision] in the crime of false accusation is highly likely to be subject to criticism in that it undermines the trial function and judicial function, impedes the court's efforts to find substantial truth, and causes interference with the court's efforts.

However, the defendant committed the crime of this case for the first time.