The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 to 3 shall be confiscated.

Considering the circumstances in which the accused surrenders himself after committing the crime, the sentence imposed by the court below (three years and six months) is too unreasonable.

According to the records of ex officio judgment, the defendant was sentenced to a suspended sentence of four months for habitual gambling at the Seoul Northern District Court on September 30, 2016, and the above judgment became final and conclusive on October 8, 2016. Since the crime of the judgment of the court below and the crime of habitual gambling for which the judgment of the court below became final and conclusive are concurrent crimes under Article 37 of the Criminal Act, the crime of the judgment of the court below and the crime of habitual gambling for which the judgment of the court below became final and conclusive are concurrent crimes under Article 39 (1) of the Criminal Act, the punishment shall be determined again in consideration of equity in the case where

Therefore, the judgment of the court below cannot be maintained.

In conclusion, 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, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence related to them were found to have been sentenced to imprisonment with prison labor for four months on September 30, 2016 at the Seoul Northern District Court and one year on October 8, 2016 on September 30, 2016.

“A previous conviction in the judgment of the court below” is the same as stated in each corresponding column of the judgment of the court below, except for the addition of “a prior conviction in the judgment of the court below: the Defendant’s statement in the trial court of the court below” in the space of the evidence, and such addition is also cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 337 of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment for abandonment;

1. Article 52(1) and Article 55(1)3 of the Criminal Act to mitigate self-denunciation (In full view of the statements made at L and the trial court of the J, the fact that the defendant voluntarily surrendered after committing a crime is recognized);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):