All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are required to report to E to 119 and 112, and the police remains at the site. As such, the Defendant can be deemed to have received self-determination.

Nevertheless, the judgment of the court below which did not reduce self-denunciation is erroneous in the misunderstanding of facts or by misapprehending the legal principles on self-denunciation, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (three years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. Determination on the misunderstanding of the facts and the legal principles of the defendant 1) The self-denunciation under Article 52 (1) of the Criminal Act is established by the defendant voluntarily reporting his/her criminal facts to an investigation agency and expressing his/her intent to file a lawsuit. It includes the case where the defendant voluntarily attended the investigation agency after the commission of the crime and voluntarily led to the confession of the crime. As long as the number of persons is established, the effect of the self-denunciation becomes final and conclusive, and the validity of the number of persons created by the denial of the crime in the investigation agency or the court after the reversal of the

However, even if a report made by an investigative agency is voluntarily denied the contents of the report to the effect that the report clearly denies the crime, if it is a fact that the contents of the report do not meet the requirements for the establishment of the crime, the self-denunciation is not established, and as long as the number of persons did not establish, the crime was

Even if there is no room for new self-sufficiency, and since the criminal voluntarily reports the crime to the government agencies responsible for the investigation and voluntarily seeks the disposition, the criminal facts are committed in response to the official questions or investigations of the investigative agencies.