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The judgment of the court below is reversed.
Nos. 1, 2, and 3-A of the judgment of the court below.
B. Ten months of imprisonment with prison labor for crimes and the original judgment.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the court below (one year, six months and three years of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unreasonable.
2. Ex officio determination
A. When the prosecutor changes the bill of indictment, the prosecutor applied for changes in the indictment as stated in the following criminal facts and the summary column of evidence. This court permitted changes in the indictment.
This part of the crime and the remaining special injury, obstruction of performance of official duties, indecent act by compulsion, and false accusation are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence is to be imposed. As such, the part of the judgment of the court below concerning special injury, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (refence, etc.), coercion, obstruction of performance of official duties, indecent act by compulsion, and non-influence (hereinafter “the part concerning the special injury, etc. of this case”) cannot
B. Articles 157 and 153 of the Criminal Act provide that when a person who committed an act of false accusation surrenderss himself/herself to confession or surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted, and the confession prior to the final and conclusive judgment shall be determined as the grounds for the necessary mitigation or exemption.
Since there is no legal limitation on the above confession procedure, it is hard to view that the confession procedure as a witness of the institution dealing with the reported case or of the full bench dealing with the case as a witness of the court dealing with the reported case, not only is it clear that the previous report was a false fact but also it is included in the concept of confession by examination conducted by the court or investigation agency as the defendant or suspect of the high case.
Before the judgment becomes final and conclusive under Article 153 of the Criminal Act, the investigation results of the accused's accusation case reveal the accused's suspicion, and the prosecution against the accused is raised.