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.

2. Judgment on the grounds for appeal by the accused and the prosecutor ex officio shall be examined earlier.

According to Articles 157 and 153 of the Criminal Act, in a case where a person who committed a crime without accusation filed a false complaint, voluntarily surrenders himself/herself prior to the judgment or disciplinary action on a case on which a false fact was reported, the punishment shall be mitigated or remitted. Article 153 of the Criminal Act provides that “before a judgment becomes final and conclusive,” the investigation of the case in which the defendant filed a complaint, which led to the accusation of the accused, and the prosecution against the accused, is revealed, and the prosecution against the accused is instituted, and the trial procedure has not been initiated upon the non-prosecution decision as to the accused (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). According to the records of the instant case, the Defendant filed a complaint against B, who is the accused, but a non-prosecution decision as to the accused, was not initiated and the trial procedure has not been initiated. The

Therefore, even though there is a reason to reduce or exempt the Defendant from the punishment in accordance with Articles 157 and 153 of the Criminal Act, the judgment of the court below is too limited, so the judgment of the court below cannot maintain it as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act and Article 307 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 156 of the Criminal Act.