The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. Determination

A. According to Articles 157 and 153 of the Criminal Act, when a person who committed an accusation under Article 156 of the Criminal Act leads himself/herself to confession or surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted. As such, confession prior to the final and conclusive judgment constitutes a requisite mitigation or exemption of punishment.

In addition, there is no limitation on the procedure of confessions as to the institution dealing with the reported case as a witness of the court dealing with the case or the adjudication division dealing with the case in question, not only does the defendant or suspect in the case appear before the court and make it clear that his report was false, but also the high confession by the court or investigation agency as the defendant or suspect in the case is included in the concept of confessions (see, e.g., Supreme Court Decisions 2012Do2783, Jun. 14, 2012; 2016Do10418, Sept. 8, 2016). (b) According to the records, in the investigation process of the complaint case against D and E, the defendant's without suspicion was revealed during the investigation process of the complaint case against the defendant, and the defendant stated in the judgment of the court below to the effect that he denies the facts charged of this case, but all of the facts charged of appeal against the defendant in the judgment of the court below finding him guilty should be acknowledged in the first five trial period.

(c)

Therefore, since there is a change in circumstances that could change the sentence of the court below in the trial of the party, the sentence imposed by the court below is too unlimited and unfair.

3. Thus, the defendant's appeal is justified.