The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of probation, two years of probation, one hundred and twenty hours of probation, one hundred and twenty hours of probation, confiscation) is too unflu

2. According to the evidence duly adopted and examined by the lower court and the lower court on April 4, 2013, prior to the prosecutor’s judgment on the assertion of unfair sentencing, the Defendant was sentenced to a suspension of the execution of six months of imprisonment with prison labor for gambling as a crime of gambling opening in the Gwangju District Court Branch on April 4, 2013, and the Defendant appealed on June 7, 2013, and acknowledged the fact that the said judgment became final and conclusive on the same day after withdrawing the above appeal. The instant crime is in the concurrent relationship between the crime for which the judgment became final and the crime under the latter part of Article 37 of the Criminal Act, and the crime of this case is determined after examining whether to reduce or exempt the sentence in consideration of equity and the case where the judgment becomes final and conclusive at the same time pursuant to Article 39(1) of the Criminal Act. Thus,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: the part of the judgment of the court below regarding the facts constituting an offense [criminal records] in the first instance court's order was pronounced " and currently pending in the appellate court's trial was declared," and the above judgment became final and conclusive on June 7, 2013." The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding "the legal statement of the defendant before the judgment of the court of first instance" to "the previous conviction in the judgment of the court of first instance" in the summary of the evidence.

Application of Statutes

1. Relevant Article 246 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 246 (2) of the Election of Imprisonment;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;