A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

A. The sentence imposed by the court below on the defendant (the imprisonment of eight months and confiscation) is too unreasonable.

B. Of misunderstanding the legal principles, subparagraphs 1 and 2 of Article 44 of the Game Industry Promotion Act, the lower court omitted even though it was subject to the necessary sunset pursuant to Article 44(2) of the Act, which affected the conclusion of the judgment by misapprehending the legal principles on necessary sunset.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. We examine the misapprehension of the legal principles of the prosecutor's assertion of judgment. According to the evidence duly adopted and examined by the court below, items 1 and 2 of subparagraphs 1 and 2 of the seized evidence constitutes game items owned or newly acquired by the defendant, and constitutes game items used for the crime of this case by acquiring it, and the court below, which did not issue an order to confiscate the above items even though they are subject to the necessary conviction pursuant to Article 44(2) of the Game Industry Promotion Act, has erred by misapprehending the legal principles as to the necessary sunset, which affected the conclusion of the judgment.

3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the two parties' unfair argument of sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 44(1)2, 32(1)1 (which provides for the use of game water not classified as a rating) of the relevant Act on the Promotion of Game Industry (which provides for the use of game water), Articles 44(1)2 and 32(1)7 (which provides for the exchange of water as a result of acquisition through the use of game water) of the Act on the Promotion of Game Industry, and the selection of imprisonment for a definite term;

2. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.