The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, if a person who committed an offense without accusation voluntarily surrenderss himself/herself to confession or surrenders himself/herself before the judgment or disciplinary action on a case on which a false fact was reported, the punishment shall be mitigated or exempted (Articles 157 and 153 of the Criminal Act). According to the records, C, who was in an accusation from the defendant, was not prosecuted, and the defendant can be found to have been led to a confession in the first instance while denying the offense without accusation at an investigative agency and the court below. Thus, the punishment against the defendant shall be determined after the necessary reduction or exemption pursuant to Articles 157 and 153 of the Criminal Act. In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows, except for the addition of “1.1. Defendant’s oral statement” to the summary of the evidence, and thus, it is identical to each corresponding column of the lower court’s judgment. As such, it is cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 157, 153, and 55(1)3 of the Criminal Act for statutory mitigation (Confession) is that the Defendant committed the instant crime with the content of “accomponing three times through three times from C and obtained by deception of tools equivalent to three million won” in the police station for the purpose of having C be subject to criminal punishment, and that the nature of the crime is very poor in light of the content and circumstance of the crime, etc., and the crime without accusation function of the State.