The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. On July 27, 2015, the Defendant was sentenced to one year to imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. in the Daejeon District Court’s Incheon Branch Branch on April 11, 2016, and the said judgment became final and conclusive on April 11, 2016. As the Defendant’s each crime and the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., which became final and conclusive in the judgment of the court below against the Defendant, are in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and the Defendant shall be sentenced to punishment for each crime in consideration of equity with the case where the judgment is to be rendered simultaneously, and in this respect,

3. Thus, 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 of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

【The grounds for the judgment that was used again] The first head of the lower judgment on the crime committed by this court was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases Concerning Regulation and Punishment of Speculative Acts, Etc. in the Daejeon District Court’s Support on July 27, 2015, and the judgment was finalized on April 11, 2016.

With the exception of adding "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence admitted by this court is as follows: (a) except for the addition of “1. previous conviction: Defendant’s legal statement and investigation report (in addition, a copy of the said judgment)” to the corresponding column of the lower judgment at the last summary of the evidence of the lower court, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 of the relevant Act on criminal facts and Articles 44(1)2 and 32(1) of the Act on the Promotion of Alternative Game Industry.