The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. According to the records of this case’s judgment ex officio, it is recognized that the Defendant was sentenced to the suspension of the execution of eight months of imprisonment with labor for a violation of the Game Industry Promotion Act at the Changwon District Court on August 31, 2017 and the said judgment became final and conclusive on September 8, 2017.

The crime of the judgment of the court below against the defendant and the crime of violation of the Act on Promotion of Game Industry in which the judgment of the court below became final and conclusive is in the relation of concurrent crimes after Article 37 of the Criminal Act, and in accordance with Article 39 (1) of the Criminal Act, a punishment for the crime in the judgment of the court below should be sentenced in consideration of equity and the case of concurrent crimes.

3. If so, 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 about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence recognized by this court is as follows. The first part of the judgment of the court below is “criminal facts” and “the defendant was sentenced to a suspended sentence of eight months for a violation of the Game Industry Promotion Act at the Changwon District Court on August 31, 2017,” and the judgment was finalized on September 8, 2017.

In addition, “a summary of evidence” is added to “a previous record as indicated in the judgment of 1. A copy of the judgment and the output of the screen of the consolidated case” in the last part of “a summary of evidence” as indicated in each corresponding column of the judgment of the court below. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) of the Criminal Code to recognize and reflect the instant crime; and (b) to raise hospital expenses due to the mother’s health of the Defendant at the time.