The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. Articles 157 and 153 of the Criminal Act for ex officio determination provides that, in a case where a person who committed an offense without a complaint surrenderss himself/herself to confession or surrenders himself/herself before the judgment or disciplinary measure on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted, and such confession prior to the final and conclusive judgment shall be determined

Since there is no legal limitation on the above confession procedure, it is hard to view that the confession procedure as a witness of the institution dealing with the reported case or of the full bench dealing with the case as a witness of the court dealing with the reported case, not only is it clear that the previous report was a false fact but also it is included in the concept of confession by examination conducted by the court or investigation agency as the defendant or suspect of the high case.

Meanwhile, the phrase “before the confirmation of the judgment becomes final and conclusive” under Article 153 of the Criminal Act includes the following: (a) the investigation of the accused’s accusation case reveals the accused’s in-depth suspicion; (b) the prosecution against the accused was made; and (c) the prosecution procedure has not been initiated on the accused by a decision not to prosecute the accused (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). According to the evidence examined by the lower court, according to the evidence examined by the lower court, the prosecution against the accused was discovered as a result of the investigation of the accused’s accusation case, and the prosecution procedure has not been initiated after a decision not to prosecute the accused against the accused, and (b) the fact that the accused led to the confession of the offense without accusation at the court of the first instance is recognized; and (c) As such, the part of the lower judgment on

Furthermore, the lower court rendered a single sentence inasmuch as this part of the facts constituting an offense and the remaining facts constituting a concurrent offense under the former part of Article 37 of the Criminal Act were found guilty.