The defendant shall be exempted from punishment.

2. According to the records of ex officio determination, the defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution for a violation of the Game Industry Promotion Act at the Busan District Court on September 28, 2016, and the above judgment became final and conclusive on October 6, 2016.

As above, the crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and in accordance with the first sentence of Article 39 (1) of the Criminal Act, a sentence for the crime of this case shall be imposed by considering the equity in the case where the judgment is to be rendered at the same time in accordance with the first sentence of Article

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, and the following judgment is delivered through pleadings.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court was recorded in the first head of "criminal facts" of the judgment of the court below, and the judgment was finalized on October 6, 2016, on September 28, 2016, on which the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of the Act on the Promotion of Game Industry in Busan District Court on September 28, 2016.

In addition, “1. Before the judgment: Before the last part of “a summary of evidence”: Along with the addition of “a copy of the judgment” as the result of the Konet case search (the Busan District Court 2016 order 4380) and “a copy of the judgment,” it is identical to the corresponding column of the judgment of the court below. As such, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 246 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The reasons for sentencing under the latter part of Article 39(1) of the Exemption Criminal Act are relatively small amount of gambling funds provided for the crime, and the defendant does not seem to actively engage in the crime, and the judgment is rendered.