The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) of the lower court against the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to 10 months of imprisonment with labor for a violation of the Game Industry Promotion Act at the Incheon District Court on March 24, 2016, and the above judgment became final and conclusive on July 21, 2016 is significant in this court. As such, in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, in which the crime of violation of the Game Industry Promotion Act and the crime of this case are concurrent crimes under Article 39(1) of the Criminal Act, the court below erred by omitting the sentence, and in this respect, the judgment of the court below was no longer maintained.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, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.

Criminal facts

In addition to adding "the defendant was sentenced to ten months of imprisonment for a violation of the Game Industry Promotion Act at the Incheon District Court on March 24, 2016, and the above judgment became final and conclusive on July 21, 2016" to the first head of the judgment of the court below on the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The fact that the crime of this case and the crime of violation of the Game Industry Promotion Act for which judgment of exemption from punishment became final shall be determined in consideration of equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, the confession and reflect by the defendant, and the agreement with the victim.