The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of the grounds for appeal and the sentencing thereof (one year in prison);

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to Articles 157 and 153 of the Criminal Act, in a case where a person who committed an offense without a complaint voluntarily surrenders himself/herself before a judgment or disciplinary action on a case on which a false fact was reported becomes final and conclusive, the punishment shall be mitigated or remitted. Article 153 of the Criminal Act of the same Act of the same Act of the same Act of the same year includes cases where the investigation of the case in which the accused accused accused is found guilty and suspected, and the prosecution against the accused is instituted, and a decision not to prosecute the accused is made and the trial procedure has not been initiated (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018).

Therefore, the judgment of the court below was unable to be maintained as it is, since the grounds for the necessary reduction or exemption of the punishment for the defendant's non-prosecution crime occurred in the trial.

3. Accordingly, 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 the judgment below is again decided as follows after oral argument.

[Discied Reasons for the judgment below] Summary of facts constituting a crime and evidence recognized by the court in this Court is identical to each corresponding column of the judgment below in addition to adding "the defendant's oral statement at the court below" to "1. The summary of the evidence in the first place."

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Suspension of execution;