The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, the Defendant was sentenced to two years and six months of imprisonment on September 1, 2015 to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) at the Suwon Flag Flag, etc., and the judgment became final and conclusive on May 26, 2016. As such, the crime of the judgment of the court below and the above crime of the Defendant, which became final and conclusive, are concurrent crimes of the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the court below in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act. In this regard

3. If so, 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.

[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by this court are criminal facts and the summary of the evidence. The judgment of the court below became final and conclusive on September 26, 2016, upon having been sentenced to two and a half years of imprisonment with prison labor on September 1, 2015 due to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) at the Suwon Friwon.

“A previous conviction in the judgment of the court below” and “a three copies of a reply, such as criminal history, and a copy of the judgment,” shall be added at the end of the summary of the evidence, as stated in each corresponding column of the court below, and such addition shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 70(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against criminal facts.