The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. According to Articles 157 and 153 of the Criminal Act of ex officio determination, when a person who committed an offense without accusation surrenderss himself/herself, prior to the judgment on a case on which the person reported false facts or a disciplinary action becomes final and conclusive, the punishment shall be mitigated or exempted.

It is evident that the Defendant led to the confession of the facts charged in the instant case, and that there is no prosecution against C/D, which was irrelevant to the fabrication and uttering of private documents, and that the judgment is determined and conclusive.

(see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). Accordingly, the lower judgment was unable to be maintained as it is, on the ground that the punishment against the Defendant ought to be reduced or exempted as necessary pursuant to the foregoing provision.

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 of the court below is reversed, and it is again decided as follows through pleading.

【Cause of the Judgment of the court below’s reasoning】 The facts constituting a crime and the summary of the evidence recognized by the court of this court, and the summary of the evidence, are identical to each corresponding column of the judgment of the court below, except for adding “the Defendant’s oral statement at the court below” to “the summary of the evidence” as stated in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of false accusation in sentencing under Article 62-2(1) of the Social Service Order Criminal Act is likely to actively undermine the criminal justice function of the State, bring about unnecessary social costs, and put in danger of being subject to unfair criminal punishment.