The judgment of the court below is reversed.

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

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

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

Articles 157 and 153 of the Criminal Code provide that the punishment shall be mitigated or remitted in cases where a person who committed an offense without a complaint makes a confession or receives a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive.

The Defendant, when he was in the trial, led to confession of the crime of the instant accusation, and the judgment, etc. on E, who was in the record, became final and conclusive.

Although there is no evidence to view, this falls under the case when the defendant made a confession before the judgment of the reported case became final and conclusive, and thus, the punishment should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act. Therefore, the judgment of the court below in this regard cannot be maintained.

In addition, the crime of fraud in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act with the crime of false accusation, so one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act, so the judgment of the court below cannot be maintained in its entirety.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court below is identical to the corresponding column of the judgment of the court below in addition to adding “1. Defendant’s oral statement” to “1. Defendant’s oral statement” following the first page of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 156 of the Criminal Act, Article 156 of the Criminal Act, Article 347 (1) of the Criminal Act, and each choice of imprisonment with prison labor, for the crime;

1. Statutory mitigation;