We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not less than one year and six months.

213,875,00 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. The judgment of the first instance court did not reduce the number of self-denunciation of the defendant even though the defendant returned voluntarily to the investigative agency and voluntarily committed a crime. The judgment of the first instance contains an error of law by misunderstanding the legal principles as to mitigation of self-denunciation.

B. The first deliberation penalty of sentencing (two years of imprisonment, additional collection) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, the reason why the criminal voluntarily reported the criminal facts to an investigation agency and the reason why the sentence is to be mitigated is that the criminal is divided into two crimes. Thus, the appearance of the criminal suspect who denies the criminal facts or who does not repent of the crime cannot be regarded as a true person who is a legal reason for the statutory mitigation of punishment even if he/she surrenders himself/herself (see Supreme Court Decision 94Do2130, Oct. 14, 1994, etc.). In addition, even if the criminal suspect voluntarily surrenders himself/herself, it is merely that the court can voluntarily reduce the punishment of the criminal suspect even if he/she surrenders himself/herself, and it cannot be deemed illegal because the court below did not decide on his/her voluntary mitigation of punishment or on his/her allegation of mitigation of punishment (see Supreme Court Decision 201Do12041, Dec. 22, 201).

It is difficult to see it.

Furthermore, if any.