The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unafford and unfair, and that the prosecutor is too unafford and unfair, for the punishment sentenced by the court below (two years of imprisonment with prison labor, one year of suspended execution, and one hundred and sixty hours of community service order).

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

Articles 157 and 153 of the Criminal Code provide that the punishment shall be mitigated or remitted in a case where a person who commits an offense without a complaint surrenderss himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive.

However, on August 25, 2016, the Defendant led to the confession of the instant accusation on the date of the first trial of the trial of the first instance on August 25, 2016, and the case against the Defendant with no accusation of the case against C is obvious prior to the final and conclusive judgment of the said judgment. As such, the Defendant’s punishment against the Defendant ought to be reduced or exempted pursuant to Articles 157 and 153 of the Criminal

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances):

1. The crime with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act not only prevents the proper exercise of criminal justice power, but also causes a person who is in danger of criminal punishment, and thus severe punishment is imposed.