The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. In light of the unfavorable circumstances such as the Defendant’s fine due to a different type of crime or the fact that the Defendant’s imprisonment for a significant number of criminal records is imposed on the Defendant’s assertion of unfair sentencing, or the fact that the Defendant has committed a crime against the Defendant, the Defendant’s mistake is recognized, the Defendant has no record of criminal punishment for the same type of crime, the crime of assault in the latter part of Article 37 of the Criminal Act, and the previous conviction in the crime of obstruction of performance of official duties is related to the crime committed by the Defendant on the same day ( January 11, 2012) as the crime of partial gambling of the instant case, and the principle of equity with the case of the above obstruction of performance of official duties should be considered at the same time as the above crime of obstruction of official duties, and other various sentencing conditions specified in the records and arguments of the instant case, including the Defendant’s age, character

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the facts and evidence admitted by this court is that the facts of "criminal facts" in the judgment of the court below are all stated in the corresponding column of the court below, except that "the defendant was sentenced to two years of suspension of execution on May 30, 2012 by the Suwon District Court for assault and assault and obstruction of performance of official duties, and the above judgment became final and conclusive on October 26, 2012" is added to "the summary of evidence" as evidence, and it is also cited in all of the judgment of the court below as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); the selection of fines for criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;