We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence Nos. 1 and 3 shall be confiscated.

1. The first deliberation punishment (two years of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. We examine ex officio prior to the determination of the Defendant’s improper assertion of sentencing.

According to the records, the Defendant was sentenced to imprisonment for four months with prison labor for a crime of violation of road traffic law (joint dangerous act) at the Goyang Branch of the Jung-gu District Court on June 16, 2016 and was sentenced to one year of suspended execution, and the above judgment became final and conclusive on March 21, 2017.

According to the above facts of recognition, since the crime of violation of the Road Traffic Act (joint dangerous act) and the crime of this case committed by the defendant, for which a judgment has already become final and conclusive, are concurrent crimes by the latter after Article 37 of the Criminal Act, punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where a judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, so the judgment of the first instance cannot be maintained any more.

3. If so, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court of first instance is reversed and it is again decided as follows after pleading.

[Re-use of the judgment] The part of the judgment of the court of first instance No. 2, 15 of the summary of criminal facts and the evidence that “the location information was provided” was cited as “the defendant was provided with location information or attempted to inquire about location information,” and the summary of the evidence was the same as the corresponding column of the judgment of the court of first instance, except for adding “the defendant’s statement at the court of first instance” and “1. Investigation report (Attachment of the judgment)” to “the summary of the evidence.” As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 72(1)1 and 48(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (wholly amended by Act No. 14080, Mar. 22, 2016); Article 30 of the Criminal Act; promotion of the use of information and communications network and information protection, etc.