게임산업진흥에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The Busan District Public Prosecutor's Office, which was seized, 201.
1. The sentence of one year and two months sentenced by the original court on the summary of the grounds for appeal is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
Article 44 (2) of the Act on the Promotion of Game Industry provides that a person who commits an act falling under Article 32 (1) 1 and 7 of the same Act shall be forfeited for the purpose of necessary confiscation of game products owned or possessed by him. However, the court below erred by misapprehending the legal principles on necessary sunset by omitting a declaration of confiscation. Thus, the judgment of the court below is no longer maintained in this regard.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following decision is delivered through pleadings.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: “The defendant was sentenced to a suspended sentence of two years on January 9, 2008 to imprisonment with prison labor for a violation of the Game Industry Promotion Act on September 3, 2009 at the Suwon Branch of Busan District Court, which was sentenced to six months on September 12, 2009, and the above judgment became final and conclusive on November 2, 2009 and completed the execution of the sentence on March 25, 2010 at the Busan Detention House.
Except for the change to “the judgment of the court below,” it is identical to the description of the corresponding part of the judgment of the court below, and thus, it is quoted in accordance with Article 369
Application of Statutes
1. Article 44(1)2 of the pertinent Act on criminal facts, Article 32(1)1 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act (which is not classified as the rating), Article 45 Subparag. 4 of the Game Industry Promotion Act, Article 32(1)2 of the Criminal Act, Article 30 of the Criminal Act (which is different from the game products classified as the rating).