The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (ten months of imprisonment and two years of suspended execution, probation, an order to attend a sexual assault treatment lecture for 80 hours, and an order to restrict employment for 3 years) against the accused is too unreasonable;

2. We examine ex officio the grounds of appeal for ex officio determination prior to determination.

Where a sentence of imprisonment without prison labor or any heavier punishment is to be imposed for a crime committed during the period of three years after the execution of the sentence is completed or exempted, the suspension of execution shall not be sentenced.

(1) Article 62(1) proviso of the Criminal Act provides that “The Defendant was released on December 2, 201, from imprisonment with labor for a violation of the Game Industry Promotion Act at the Seoul Northern District Court on December 2, 201, and the said judgment became final and conclusive on May 3, 2012, but on October 17, 2013, was sentenced to eight months of imprisonment with labor for a violation of the Game Industry Promotion Act at the same court on October 17, 2013, and on December 12, 2013, the said judgment became final and conclusive, and thus, the Defendant was released on July 30, 2015 while serving in a governmental prison on September 1, 2015, and the remaining term of imprisonment has expired.

Therefore, with respect to this case that occurred around December 23, 2017, which was not more than three years from September 1, 2015, a suspended sentence cannot be sentenced.

In this respect, the judgment of the court below can no longer be 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.

[Discied Judgment] The summary of facts constituting a crime and evidence recognized by the court is a summary of the facts constituting a crime and evidence. "Defendant" is sentenced to a suspended sentence of ten months for a violation of the Game Industry Promotion Act at the Seoul Northern District Court on December 2, 201, and two years for a suspended sentence of ten months for a violation of the Act on Promotion of the Game Industry, and the above judgment on May 3, 2012.