The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. Before deciding on the grounds for appeal ex officio, Article 157 and Article 153 of the Criminal Act provides that if a person who committed an offense without accusation under Article 156 of the same Act voluntarily surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted, and such confession prior to such a final and conclusive judgment shall be stipulated as the grounds for necessary mitigation or exemption.

In addition, since there is no legal restriction as to the above confession procedure, it is hard to find that the defendant or the suspect of the case was present again as a witness to the agency dealing with the reported case or the trial division dealing with the case, and that his report was false before being present at the court, and that the defendant or the suspect of the case was found to be false, and that the confession by the court or the investigative agency is included in the concept of confession (see, e.g., Supreme Court Decisions 73Do1639, Nov. 27, 197; 75Do3316, Feb. 22, 197; 2004Do831, Apr. 9, 2004). In this case, the defendant in this case, the defendant acknowledged all the facts charged of the case and led to the confession of the defendant by recognizing all the facts charged of the case, and the judgment of the court below is not subject to a disposition of non-prosecution against D which the defendant appealed, and thus, the judgment of the court below should be mitigated or exempted.

3. Therefore, 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, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the facts charged and the evidence recognized by this court is to add "the defendant's trial testimony" to the summary of the evidence.