Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and 80 hours of community service order) declared by the court below is too unreasonable.
2. The crime of this case was committed on the ground that D, who was sitting at the time of the crime of this case, was under the influence of alcohol because D, who was under the influence of alcohol, was under the influence of alcohol. However, it was falsely reported to the police officer called out after 112, and caused the above police officer to prepare a traffic accident report. Then, the aforementioned false statement was made and submitted to the police officer belonging to the Nowon Police Station in charge of the traffic accident investigation, and so D was under the influence of alcohol so that D may suffer from the proper trial function of the State punishment authority, and was under the risk of being subject to unfair criminal punishment. However, it was unfavorable circumstances such as the Defendant’s confession at the investigative agency and depth, and the Defendant’s family relationship was seriously against the Defendant, and the Defendant did not have to be punished for the same kind of crime as D, which is a student of this case.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.