게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years of suspended sentence in April) of the lower court is too unreasonable.
2. Where ex officio, prior to the judgment on the grounds for appeal by the defendant's ex officio, several acts falling under the name of the same crime or several continuous acts are continuously conducted for a certain period under the single and continuous criminal intent and where the legal benefits of such damage are the same, each of these acts shall be punished by a single comprehensive crime in total.
(See Supreme Court Decision 201Do14135 Decided March 29, 2012, etc.). According to evidence duly admitted and examined by the lower court, each exchange of tangible and intangible results obtained through the use of game products, such as the statement in the lower judgment, is conducted in collusion with A in the same game room, and the means, methods, and circumstances of the commission of the crime are the same as those of the Defendant.
Therefore, it is reasonable to view that the crime of violation of the Act on Promotion of the Game Industry of this case is an inclusive crime. Since the court below regarded each of the crimes of violation of the Act on Promotion of the Game Industry of this case as a separate crime and treated it as concurrent crime, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of judgment, and in this respect
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows: (a) the facts charged and the summary of the evidence are stated in the respective corresponding columns of the judgment of the court below, except for the fact that the facts charged and the summary of the evidence are stated in Section 2, Section 16, and Section 17 of the judgment of the court below