게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
except that this shall not apply.
1. In light of the overall circumstances of this case, the sentence imposed by the court below on the Defendants (Defendant A: 10 months of imprisonment and Defendant B: 8 months of imprisonment) is too unreasonable.
2. Determination
A. Determination ex officio (part A) of the Defendant’s grounds for appeal does not require strict certification. However, if it is impossible to specify the criminal proceeds subject to collection, it shall not be collected (see, e.g., Supreme Court Decision 2007Do7467, Nov. 29, 2007). As evidence of the criminal proceeds of this case, Defendant A’s statement at the police station and the prosecutor’s office, and the statement at the court below C’s statement at the court below was 50,00 won per month (Evidence No. 254 of the evidence record), Defendant B’s statement at the police station was 1,50,000 won per day and 1,50,000 won per day was 1,000 won per annum (Evidence No. 166 of the evidence record), and Defendant B’s statement at the police station’s office was 1,50,000 won per annum or 2,500,000 won of the evidence of this case, which was 200,00,00 won of the above evidence.