The defendant's appeal is dismissed.

1. Reasons for appeal;

A. Although the misunderstanding of facts and misapprehension of legal principles, the Defendant voluntarily surrenders to the commission of a crime and thereby mitigated or exempted the punishment, the lower court did not reduce the self-denunciation.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, a self-denunciation as stipulated in Article 52 (1) of the Criminal Code refers to an expression of intent that an offender voluntarily reports the criminal facts to an investigation agency and seeks the prosecution, which is the main reason for the mitigation of punishment is that the offender is divided into the crimes. Thus, a self-denunciation who denies the criminal facts or has not been divided into the crimes cannot be deemed to be a true person who is the reason for the statutory mitigation of punishment even if he/she surrenders himself/herself. In addition, if he/she surrenders only to a part of several criminal facts, the number of self-denunciation is effective only for the part of the crime.

The defendant voluntarily surrendered (Supreme Court Decision 94Do2130 delivered on October 14, 1994).

Even if a self-denunciation can be voluntarily mitigated by the court, and the court below did not render a decision on the non-self-denunciation or the allegation on mitigation of a self-denunciation.

Thus, it cannot be said that it is illegal (see Supreme Court Decision 2011Do12041 decided December 22, 201, etc.).

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, at the time of arrest, a police officer at the time of arrest reported at the gas station in the E resting place that “the guest wants to take the police, and changed to an exceptional situation,” and the police officer sent to the above place after receiving a report. As the police officer appears to have called the above place, the Defendant who requested the above report will be explosiond by setting up what is on the vehicle.

In the case of drinking drinking water in the her motherel, the vehicle is obstructed by leaving the rest area, while leaving the rest area.