The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The grounds for appeal by the defendant are excessively unreasonable. The punishment by the court below (one year of imprisonment) is too unreasonable.

B. The lower court’s reasoning for the appeal by the prosecutor is too unjustifiable.

2. Prior to the judgment on the grounds for appeal, Article 157 and Article 153 of the Criminal Act provides for the confessions before the judgment on the grounds for appeal, if a person who committed an accusation under Article 156 of the same Act voluntarily surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted. As such, the confessions before the judgment becomes final and conclusive shall be stipulated as the grounds for compulsory mitigation

In addition, since there is no legal restriction as to the above confession procedure, it is hard to find that the defendant or the suspect of the case was present again as a witness to the agency dealing with the reported case or the trial division dealing with the case, and that his report was false before being present at the court, and that the defendant or the suspect of the case was found to be false, and that the confession by examination in the court or the investigative agency is included in the concept of the confession (see Supreme Court Decisions 73Do1639, Nov. 27, 197; 75Do3316, Feb. 22, 197; 2004Do831, Apr. 9, 2004, etc.). In this case, the defendant acknowledged all the facts charged of the case at the court below, and led to the confession of the defendant by recognizing all the facts charged of the case at the court, and the judgment of the court below against the defendant was not finally determined, and thus, it is necessary to reduce or exempt the punishment of the defendant.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed, and it is decided as follows.

Criminal facts

The substance of the evidence and facts charged by the court.