The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment with prison labor for up to eight months and a fine of up to 200,000 won) is too unreasonable (the Defendant explicitly withdrawn the remainder of the grounds for appeal excluding unfair sentencing on the first trial date). 2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to Articles 157 and 153 of the Criminal Act, when a person who commits an accusation under Article 156 of the Criminal Act surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted. As such, confession prior to the final and conclusive judgment constitutes a requisite mitigation or exemption of punishment.

In addition, there is no limitation on the procedure of confessions as above, and thus, there is no statutory limitation on the procedure of confessions, and thus, it is found that the defendant or suspect of the case was present at the court dealing with the reported case as a witness again and that his report was false before being present at the court dealing with the case, as well as that the defendant or suspect of the case was found to have been false (see, e.g., Supreme Court Decisions 2012Do2783, Jun. 14, 2012; 2016Do10418, Sept. 8, 2016). The defendant denied all facts charged at the court below, but all facts charged including the crime without accusation on the date of the first trial of the court of first instance, and thus, the defendant's non-guilty crime should be mitigated or exempted from punishment in accordance with Articles 157 and 153 of the Criminal Act.

Therefore, among the judgment of the court below, the part of the judgment of the court below cannot be maintained, and the above-mentioned and the remaining crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained

3. The judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's unfair argument of sentencing, Article 364 (2) of the Criminal Procedure Act is applicable.