The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., 10 months) is too unreasonable.

2. According to Articles 157 and 153 of the Ex officio Determination Criminal Act, if a person who committed an offense without accusation surrenderss himself/herself prior to the judgment or disciplinary action on a case on which a false fact was reported, or a person who voluntarily surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive, the sentence shall be mitigated or remitted. Article 153 of the Criminal Act includes cases where, as a result of the investigation of the case accused by the accused, a public prosecution against the accused is revealed as a result of the accusation of the accused, and a decision of non-prosecution of the accused was made and the trial procedure has not been initiated with respect to the accused (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). Although the accused denies all the facts charged in the instant case at the lower court, it appears that all the facts charged in the instant case

Therefore, since there was a cause for the necessary reduction of punishment against the defendant in the trial, the part of the judgment of the court below cannot be maintained. Since the above-mentioned and the remaining crimes in the judgment of the court below are concurrent crimes in the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained in its entirety

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Dao-written judgment] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below, except where "1. defendant's oral statement" is added to the summary of evidence of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;