게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment for six months and by imprisonment for four months.
except that this judgment.
1. The appellate court’s sentence (Defendant A: Imprisonment with prison labor for 6 months and confiscation, Defendant B’s imprisonment for 6 months and suspended execution, two years of suspended execution, community service work hours for 160 hours) against the Defendants is too unreasonable.
2. The Defendants’ act of exchanging the game industry’s speculative behavior and causing social harm, and Defendant A’s past record of having been sentenced to a suspended sentence of imprisonment due to the crime of opening gambling, etc. is disadvantageous to the Defendants.
However, in full view of all the favorable circumstances, including the fact that Defendant A’s life is seriously against confinement between approximately two months, the period of exchange is one day, Defendant B did not have any criminal records exceeding the same kind and fine, Defendant A did not have any record of punishment due to the act of violating the Game Industry Promotion Act, and the above criminal records due to the act of opening gambling, etc., and the fact that the health of Defendant A is not good, and other favorable conditions of sentencing as shown in the records, such as the age, sex, environment, and the background of the crime, etc., the sentence against the Defendants of the lower court is unreasonable.
3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the final judgment is reversed, and the subsequent decision is rendered after pleading as follows.
【Grounds for the judgment in its entirety] The criminal facts and summary of evidence recognized by the court below are identical to each corresponding column of the judgment of the court below, except for the correction of the part of "from July 28, 2019 to August 23, 2019" as "from July 28, 2019," and the summary of evidence as to facts constituting the crime and the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;
1. Defendants of a suspended sentence: Article 62(1) of the Criminal Act: Defendant A: Promotion of the Game Industry.