The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Articles 157 and 153 of the Criminal Act provide that when a person who has committed an offense without any authority surrenders himself/herself to confession or surrenders before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted, and the confession prior to such a final and conclusive judgment shall be mitigated or remitted.

The aforementioned confession procedures do not have any legal limitation as to the procedure of confessions. It does not include a confession to an institution dealing with the reported case or a trial division dealing with the case in question as a witness again, and not only confessions that the report was false before being present at the court or an investigative agency, but also high confessions through interrogation conducted by the court or an investigative agency as the accused or suspect of the case, but also included in the concept of confessions (see, e.g., Supreme Court Decisions 73Do1639, Nov. 27, 1973; 2012Do2783, Jun. 14, 2012). The phrase “before a trial becomes final and conclusive” under Article 153 of the Criminal Act refers to cases where a defendant’s non-suspect was discovered as a result of the investigation into the accused’s accusation case and a prosecution against the accused person was not initiated and the trial procedure was not commenced (see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018).

The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

[Grounds for the judgment]