The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten months and a fine of 600,000 won.

The above fine shall be imposed on the defendant.

1. The sentence imposed by the lower court (one hundred months of imprisonment and a fine of KRW 600,00) on the gist of the grounds of appeal is too unreasonable.

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

When a person who committed a crime without accusation voluntarily surrenders himself to the court before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted (Article 157, Article 153 of the Criminal Act). According to the records, since the defendant led to the confession of the crime without accusation in this case by the investigative agency, the court below shall determine the punishment by the method of determining the punishment within the scope of the term of punishment which is necessary to be mitigated or exempted under Articles 157 and 153 of the Criminal Act, but the court below determined the punishment without taking such measures, and therefore, the judgment of the court below cannot be maintained in this respect.

3. Therefore, 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, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) add “not later than” to “the first head of the first offense and the first head of the court below’s order” and “the first defendant’s partial statement” to “1. The summary of the evidence is as stated in each corresponding column of the court below’s order, except for the first instance court’s “the Defendant’s legal statement” to “1. The summary of the evidence is as stated in each corresponding column of the court below’s order.” Therefore, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of the main sentence in the official document, the selection of fines), Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 314(1) of the Criminal Act (the point of interference with business, the choice of each imprisonment), Article 156 of the Criminal Act (the point of non-compliance, the choice of imprisonment), Article 311 of the Criminal Act (the point of insult, the selection of punishment), Article 311 of the Criminal Act (the point of insult, and the punishment of imprisonment).