사기등
The first and second crimes in the second and second original judgments shall be reversed, respectively.
Defendant is indicated in the first judgment of the lower court.
1. The summary of the grounds for appeal (the first instance judgment), the imprisonment with prison labor for four months and a surcharge of ten million won (the first instance judgment of the second instance judgment of the second instance), six months (the first instance judgment of the second instance), the imprisonment with prison labor for one year (the second offense of the second instance judgment of the second instance judgment of the second instance), six months (the third offense of the third instance judgment of the second instance of the second instance), and the confiscation of seized articles (the second offense of the second instance of the second instance judgment of the second instance of the judgment of the second instance of the
2. Determination
A. Ex officio judgment of this Court concurrently tried each appeal case of the first and second original judgments. Each of the offenses in the first and second original judgments and the first offense in the second original judgment of this Court is concurrent offenses with the violation of the Game Industry Promotion Act, etc. which became final and conclusive on March 15, 2011, and the latter part of Article 37 of the Criminal Act. At the same time, concurrent offenses under the former part of Article 37 of the Criminal Act should be sentenced to a single sentence within the scope of the term of punishment aggravated under Article 38(1) of the Criminal Act.
Therefore, among the first and second judgments of the court of first instance, the first crimes in the second judgment cannot be exempted from reversal.
B. Determination on the assertion on unfair sentencing (Article 2 and 3 of the Judgment on the Second Instance) The Defendant provided a speculative act by setting up 45, 40, and 40 each of speculative gaming machines in the game room of the third branch, and exchanged premiums acquired from the game (Article 2 of the Judgment on the Second Instance), and operated a business by setting up 10 game machine which was not classified by the Game Rating Board.
(Article 3 of the Judgment of the Second Instance). The provision of illegal game products is highly harmful to society due to crimes, such as encouraging an excessive speculative spirit and impairing sound labor awareness, and thus it is necessary to eradicate it strictly. In particular, the defendant is sentenced to imprisonment for one year of suspension of execution for a violation of the Game Industry Promotion Act, etc., and immediately after the sentence becomes final and conclusive, he commits the same kind of crime (the crime of Article 2 of the Judgment above), and the defendant is sentenced to imprisonment for one year of suspension of execution for a violation of other Game Industry Promotion Act.