The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the defendant and prosecutor 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, D was not prosecuted, and the defendant was found to have led to the confession of the instant act during the fifth day of the trial at the trial at the court of the first instance on July 4, 2013. Thus, this constitutes the case where the defendant made a confession before the judgment on the reported case becomes final and conclusive, and thus, the punishment should be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any further in this respect (see, e.g., Supreme Court Decision 2004Do831, Apr. 9, 2004).

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as shown in the corresponding column of the judgment of the court in addition to adding "1. The defendant's oral statement in the trial of the court of the court of the court of the court below" to the summary of the evidence, so they are quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) is examined, and the crime of false accusation is committed.