The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, Articles 157 and 153 of the Criminal Act examine ex officio prior to the judgment on the grounds for appeal, if a person who committed an offense without complaint under Article 156 of the same Act 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, and the procedure for confession prior to such a final and conclusive judgment shall be stipulated as the grounds for necessary mitigation or exemption, and there is no limitation under the above Acts and subordinate statutes as to the procedure for confession. Thus, the court dealing with the reported case as a witness again leaves the court in which it deals with the reported case as well as the court in which it was found that the report was superior to the truth, and as the defendant or suspect in the case was examined by the court or an investigative agency, the confession at the court or the investigative agency was also included in the concept of confession (see, e.g., Supreme Court Decisions 73Do1639, Nov. 27, 1973; 200Do494, etc.).

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's unfair argument about sentencing, since there is a ground for reversal ex officio as seen above.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the “a summary of the evidence” column of the sentence 2 of the lower judgment, the respective corresponding columns of the lower judgment are as stated in the lower court’s judgment; (b) thus, it is true in accordance with Article 369 of the Criminal