The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by six months of imprisonment.

except that this judgment.

1. The summary of the grounds for appeal is unreasonable. 2. Articles 157 and 153 of the Criminal Act provide that when a person who committed an act without a complaint makes a confession or accepts a person, prior to the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted. In the crime without a complaint, confession refers to a person who has reported false facts to a public office or a public official for the purpose of having another person subject to criminal punishment or disciplinary action, i.e., criminal punishment, and the mere fact that the reported contents are not recognized as inconsistent with objective facts does not constitute such act (see, e.g., Supreme Court Decision 94Do755, Sept. 5, 195). In light of these legal principles, the defendant was led to the confession of the facts charged of this case, including the criminal intent, and there is no evidence to view that the judgment on the Defendant’s reported facts of this case had already become final and conclusive, the judgment of the first instance court became no longer maintained due to such changes in circumstances thereafter.

3. Accordingly, the judgment of the first instance court is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the first instance court is followed by oral argument as follows.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, except that the defendant added "a statement made by this court" to the summary of the evidence and the summary of the evidence. Therefore, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 157, 153, and 55(1)3 (i.e., confession) of the Criminal Act: the statutory mitigation of punishment under Article 157, 153, and 156 of the Criminal Act;