게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of five million won or more, and that the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and that the defendant's punishment is too unreasonable.
2. We will examine the grounds for appeal of the Prosecutor and the Defendant in a lump sum.
The crime of this case has no record of being punished for the same kind of crime in the past, and since the crime of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act with the first head as stated in the judgment of the court below, the punishment should be determined after examining whether to reduce or exempt the punishment in consideration of equity and the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act. The defendant has to support the wife and four children who are receiving medical treatment due to symptoms, such as depression and suicide impulse, even under economic difficulty, even under circumstances where the defendant is economically difficult, and it is favorable for the defendant.
However, considering the fact that the act of exchanging this case was committed after the defendant was prosecuted for a separate crime, and the quality of the crime cannot be deemed to be light. In addition, the defendant's statement that "only purchased his money from the person first viewed as the victim, and exchanged for customers with the name and contact point of his money" at an investigative agency, but appears in an attitude to defend themselves, such as stating that he did not know the name and contact point of the accomplice, etc. of the above, and considering the fact that the act of exchanging in this case requires serious social harm to the crime that facilitate the business of illegal game place, it is necessary to issue a warning to the defendant for preventing recidivism and seriously against the crime, etc., and it is inappropriate that the fine imposed by the court below is too uneasible.