The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the lower court against the accused (one year of imprisonment) is too unreasonable.

2. In the instant case for ex officio determination, there are grounds for a request for retrial under Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). The lower judgment was no longer maintained.

3. Accordingly, the judgment of the court below is reversed 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.

【Judgment which has been rendered in multiple times] Criminal facts and summary of evidence recognized by this court are identical to the statements in the original judgment except that “1. Defendant’s statement in this court” is added to the summary of evidence written in the original judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the long-term punishments of the above two crimes] among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has a record of being fined several times for an Internet-related crime, and has a record of being investigated as an violent crime.

The risk of action is also high in that the victim has reached knife as a shoulderer disease in the process of making the head of the victim without being fnife in leaving the head of the disease.

While conducting Internet broadcasting, the circumstances leading up to the crime that the victim who is a viewer and the case occurred shall be taken into account.