The judgment of the court below is reversed.

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

The name of the seized Samsung mobile phone model: SM-G935S, S.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months and confiscation) imposed by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the records of this case revealed that the Defendant was sentenced to imprisonment for six months with prison labor and for two years of suspended execution on January 29, 2019 at the District Court for the violation of the National Sports Promotion Act (Gambling, Gambling, etc.), and that the said judgment became final and conclusive on February 8, 2019.

The punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act, such as each crime committed against the defendant and the above violation of the National Sports Promotion Act (or opening of gambling, etc.) for which

In this respect, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied reasoning of the judgment below] The summary of the facts constituting a crime and evidence admitted by this court is added to the first head of the judgment of the court below to "the defendant was sentenced to 6 months of imprisonment with prison labor for a violation of the National Sports Promotion Act (such as gambling and opening, etc.) at the Jung-gu District Court on January 29, 2019 and 2 years of suspended execution, and the above judgment became final and conclusive on February 8, 2019," and "1. A previous conviction in the judgment of the court below is the same as the statement of each corresponding column of the judgment of the court below, except for addition to "a finally certified judge (2018No1229)" to "a summary of the facts constituting a crime and evidence."

Application of Statutes

1. Article 230 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Articles 231 of the Criminal Act, respectively, as to the facts constituting an offense;