The judgment of the court below is reversed.

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

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

2. We examine ex officio the grounds for appeal by the defendant prior to determining ex officio.

When a person who committed a false accusation makes a confession before the judgment of the reported case becomes final and conclusive, the punishment shall be mitigated or remitted (see Articles 157 and 153 of the Criminal Act). However, according to the records of this case, the above accusation case was concluded on December 23, 2016 due to the Defendant’s in the course of investigating the case for which the Defendant filed a complaint against C’s injury, and the Defendant’s accusation was concluded against “non-suspect of suspicion.” Meanwhile, on September 19, 2017, the facts that the Defendant led to the confession of the instant offense on September 19, 2017, can be recognized on the fifth trial date of the lower court. This constitutes a confession made before the judgment of the reported case becomes final and conclusive, and thus, the punishment ought to be mitigated or exempted as necessary pursuant to Articles 157 and 153 of the Criminal Act.

However, the court below omitted the necessary reduction and exemption of punishment against the defendant. In so doing, the court below erred by misapprehending the legal principles on confession, which is a reason for the necessary reduction and exemption of punishment, thereby affecting the conclusion of the judgment.

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 after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with 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. Articles 157 and 153 of the Criminal Act, Article 55 (1) 3 of the Criminal Act, which provide for statutory mitigation;

1. To treat concurrent crimes;