The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. As to the part of the case of this court, the court below rendered a judgment dismissing the prosecutor’s claim regarding the part of the case of this court as to the case of this court’s conviction and the request for the observation order, and there is no benefit of appeal as to the part of the case of this court’

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for protection observation order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of the defendant

2. The summary of the grounds for appeal (a) of the lower court’s punishment (abs. 8 months of imprisonment, 80 hours of order to complete education) is too unreasonable and the Defendant asserted as grounds for appeal the same as mental or physical loss or mental weakness in the first written reasons for appeal. However, at the first trial date of the first trial of the first instance court, the circumstance that the Defendant committed an indecent act in the instant judgment during the primary trial period was deemed unfair for sentencing and clearly withdrawn the above argument

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

When a person who has committed an offense without complaint under Article 156 of the Criminal Act makes a confession or receives a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted in accordance with Article 153 of the Criminal Act applied mutatis mutandis by Article 157 of the Criminal Act

Since the Defendant made confessions of all the facts charged of this case including the crime of false accusation, the part of the crime of false accusation should be reduced or exempted as necessary in determining the punishment against the Defendant.

Therefore, the judgment of the court below on the crime of false accusation cannot be maintained, and the court below deemed the crime of false accusation and the other crime of indecent act by force as concurrent crimes in the former part of Article 37 of the Criminal Act and sentenced to a single punishment. Thus, the part of the judgment of the court below on the defendant's case cannot be maintained

4. Conclusion, the judgment of the court below.