The part of the judgment of the court of first instance against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds of appeal is unreasonable. 2. The decision of the court of first instance is without the criminal records of the defendant; 2. The preparation and submission of false statement of grounds of appeal around the date of the crime in this case seems to have been a practice in the construction industry; the administrative punishment for the construction company which submitted false statement of grounds of appeal is already cancelled; the majority of the defendant who is a mere employee of the construction company is practically difficult to expect the refusal of the act committed like practice; the defendant's mistake is divided; and the defendant's age, character, behavior, home form, and circumstances before and after the crime in this case are considered to be somewhat inappropriate.

3. According to the conclusion, since the appeal by the defendant is legitimate, the part against the defendant in the judgment of the first instance among the judgments pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and it is again decided as follows.

The criminal facts and the summary of the evidence recognized by the court are the same as that of the defendant in the judgment of the court of first instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. As to the crime, Articles 225 and 229 of the Criminal Act applicable to the pertinent criminal facts: (a) the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, which shall be sentenced to the suspension of sentence on January 1, 6 months; (b) Article 59(1) of the Criminal Act of the Suspension of Sentence (the grounds for disqualification of suspended sentence against the defendant and the circumstances favorable to the above are significant, and the conditions favorable to the defendant are considered)