The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, Articles 157 and 153 of the Criminal Act provide that if a person who committed an act without a complaint makes a confession or acceptance of a punishment before the judgment or disciplinary action on the reported case becomes final, the punishment shall be mitigated or exempted. According to the records, C was not prosecuted against the person against whom the complaint was filed, and the defendant was found to have led to a confession of the instant non-indicted on June 10, 2016 at the first trial date of the trial of the first instance, which was held on June 10, 2016, and thus, it is necessary to reduce or exempt the punishment in accordance with Articles 157 and 153 of the Criminal Act by falling under the case when the defendant made a confession before the judgment on the reported case became final and conclusive (see, e.g., Supreme Court Decision 2004Do831, Apr. 9, 2004).

3. As such, 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 it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) except for the alteration of “the Defendant’s partial statement” in the column of “a summary of the evidence” to “the Defendant’s oral statement” in the reasoning of the judgment of the court below, the same as the corresponding column of the judgment of the court below; and (b) thereby, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, Article 156 of the Criminal Act, and Article 156 of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 157, 153, 153, of the Criminal Act, statutory mitigation;