The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, Articles 157 and 153 of the Criminal Act provide that when a person who committed an act without an accusation makes a confession or acceptance of a person before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted. According to the records, C was not prosecuted, and the Defendant was found to have led to the confession of the instant act without an accusation during the first trial on December 4, 2012 at the trial date of the first instance court. Thus, this constitutes the case on which the Defendant made a confession before the judgment on the reported case becomes final and conclusive, and thus, the punishment shall be mitigated or exempted as necessary pursuant to Articles 157 and 153 of the Criminal Act (see, e.g., Supreme Court Decision 2004Do831, Apr. 9, 2004). In this regard, the lower judgment cannot be maintained any further.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, 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 shown in each corresponding column of the judgment of the court in addition to adding "1. The defendant's trial statement at the court below" to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 262, 260 (1), 257 (1) of the Criminal Act, Article 156 of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. We affirm the suspended sentence under Article 62(1) of the Criminal Act.