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 on the defendant (eight months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or remitted in case where a person who commits 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.

According to the records, the defendant was not prosecuted as to the forgery of a false private document and the uttering of the above investigation document, and the defendant was found to have led to the confession of all of the crimes of this case on the first trial date on June 20, 2017 at the first trial date. Thus, this constitutes a confession made before the judgment of the reported case becomes final and conclusive, and thus, the punishment should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained as it is.

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 of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

【Grounds for the Judgment to be used again] Criminal facts and summary of evidence recognized by the court, and summary of evidence, shall be cited in accordance with Article 369 of the Criminal Procedure Act, on the grounds that “1. Part of the Defendant’s court statement” in the summary of evidence as “1. Defendant’s trial statement” is the same as that of each corresponding column of the judgment of the court below, except for the case where “1. Defendant’s court statement” was used in the

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The crime of non-existence of the grounds for sentencing under Articles 157, 153, and 55(1)3 (Confession) of the Criminal Act, which are statutory mitigation, shall not only actively infringe the State’s criminal justice function, but also shall also be subject to criminal punishment against the victim.