The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

Articles 157 and 153 of the Criminal Act provide, “When a person who commits a crime without prosecution makes a confession or accepts a person, prior to the judgment on the reported case or a disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted.” The Defendant is led to the confession of the instant crime at the time of the trial. According to the records, C’s intention to avoid prosecution is obvious that the judgment became final and conclusive because it was not prosecuted, and thus, the Defendant’s punishment against the Defendant ought to be mitigated or exempted in accordance with Articles 157 and 153 of

In this respect, the judgment of the court below is no longer maintained.

3. 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, on the grounds of the above ex officio reversal. The judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: 1. The defendant's partial statement "1. The defendant's oral statement" was changed to "1. The defendant's oral statement"; therefore, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 156 of the Criminal Act, and Article 347 of the Criminal Act, the choice of punishment for the crime

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

1. Of concurrent crimes, the crime with no reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is a serious crime that infringes upon the appropriate exercise of criminal justice rights and the interests of individuals that are not unfairly punished, and it is necessary to strictly punish such crimes.