The judgment of the court below is reversed.

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

However, the period of one year from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too unreasonable.

Prior to the judgment on the grounds for appeal by the defendant's ex officio, the records show that the defendant was sentenced to imprisonment with labor for a period of one year and six months and a fine of ten million won in violation of the National Sports Promotion Act at the Seoul Central District Court on November 10, 2016 and the judgment became final and conclusive on January 20, 2017. As such, the crime of violation of the National Sports Promotion Act and the crime of this case are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment should be imposed in consideration of equity in the case where the judgment is concurrently rendered pursuant to Article 39 (1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

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

【Grounds for the Judgment in force】 Summary of facts constituting a crime and evidence recognized by the court in question is ① The first head of the facts constituting a crime in the judgment of the court below, which was detained on June 3, 2016 by the Seoul Central District Court for the violation of the National Sports Promotion Act, and is currently pending in the court of final appeal.

“On November 10, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the National Sports Promotion Act, etc. at the Seoul Central District Court on November 10, 2016, and a fine of KRW 10 million (the imprisonment with labor and the fine are concurrently imposed for a violation of the National Sports Promotion Act in accordance with Article 53 of the National Sports Promotion Act). The judgment became final and conclusive on January 20, 2017.

“1. A previous conviction in the judgment: A criminal history inquiry, each investigation report (the confirmation report during the appellate trial proceedings, the suspect's previous investigation report, and the confirmation report)” in the last sentence of the summary of the evidence shall be changed to “1. A previous conviction in the judgment: each written judgment, criminal history inquiry, each investigation report (the confirmation report during the appellate trial proceedings, the suspect's previous investigation report and the confirmation report).”