The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, Articles 157 and 153 of the Criminal Act provide that if a person who committed an act without an accusation makes a confession or acceptance of a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted. According to the records, K did not prosecute the Defendant, and the Defendant was found to have led to the confession of the instant non-suspect during the first trial on January 14, 2014. Thus, this constitutes a case where the Defendant made a confession before the judgment on the reported case becomes final and conclusive, and thus, the punishment should be mitigated or exempted in accordance with Articles 157 and 153 of the Criminal Act (see, e.g., Supreme Court Decision 2004Do831, Apr. 9, 2004). In this respect, the lower judgment cannot be maintained any further.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as shown in the corresponding column of the judgment of the court in addition to adding "1. The defendant's oral statement in the trial of the court of the court of the court of the court of the court below" to the summary of the evidence, so they are quoted in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 156 of the Criminal Act, the choice of imprisonment for a crime

1. Articles 157, 153, and 55(1)3 of the Criminal Act (i.e., the crime of false accusation because of the confession), which are statutory mitigation;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.