The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal alleged mistake of facts or misapprehension of legal principles as grounds for appeal, but the Defendant withdrawn the facts constituting an offense on the date of the first trial of the court of first instance.

The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In a case where a person who committed an ex officio decisionless accusation voluntarily surrenders himself to the confession or voluntarily surrenders before a judgment or disciplinary action on a case on which a false fact was reported is finalized (Articles 157 and 153 of the Criminal Act), the punishment shall be mitigated or remitted (Article 157 and Article 153 of the Criminal Act); as long as the Defendant led to the confession of the instant crime at the trial court, and the criminal case against the Defendant, which the Defendant was not prosecuted, and it is apparent that his decision became final and conclusive, the judgment of the court below cannot be maintained as it is, insofar as the punishment against the Defendant

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: the facts charged and the summary of the evidence are as stated in the corresponding column of the judgment of the court below except for adding “1. Defendant’s trial statement” to the second page 20 of the judgment of the court below. Thus, they are cited as it is in accordance with Article 3

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. The offense without reason for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act is an offense which impairs the proper trial function of the State’s penal authority, and causes a person without reason to be subject to unfair criminal punishment, and is highly likely to be subject to criticism, and the defendant is detained on account of C’s complaint.