게임산업진흥에관한법률위반
All parts of the judgment of the court below with respect to Defendant A, B, and C shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor of one year and four months.
1. Summary of grounds for appeal;
A. Defendant A, C’s first and second instances of punishment imposed on the above Defendants (Defendant A: imprisonment with prison labor for one year and confiscation by the lower court; imprisonment for six months and confiscation by the lower court for six months and confiscation by the lower court; confiscation by additional collection by 7.5 million won by the Defendant C; imprisonment with prison labor for two years and confiscation by the lower court for two years and confiscation by the lower court; imprisonment with prison labor for six months by the lower court for two months and confiscation by the lower court) are unreasonable.
B. The sentence that Defendant B’s second instance sentenced to the above Defendant (one year of imprisonment with prison labor, four months of suspended sentence, one year of suspended sentence) is too unreasonable.
(c)
The first instance judgment of the public prosecutor against the Defendants (defendant A: one year of imprisonment and one year of confiscation; two years of suspended execution; confiscation, observation of protection; two years of imprisonment with prison labor; confiscation; confiscation; and confiscation; and Defendant D: fine of five million won) are too uneased and unfair.
2. Determination
A. 1) An ex officio determination on the grounds for appeal by a joint trial is conducted by examining the appeal case against Defendant A, C, and B ex officio prior to the judgment on the grounds for appeal by a joint trial. This court held the appeal case against Defendant A, C, and B together with the judgment of the court of first instance. Each of the offenses in the judgment of the court of first instance against the above Defendants and the offense in the judgment of the court of second instance in the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one of the offenses in the judgment of the court of first and second instances cannot be maintained as they are.
2) With respect to the part confiscated in the first instance judgment of the 2015 Height 1837, among the first instance judgment, subparagraph 1 (8) of the No. 1 of the Changwon District Prosecutors' Office, which was seized by No. 1198, in 2014, subparagraph 2 of the No. 2 of the No. 1, and subparagraph 4 through 7 of the No. 1 of the No. 2014 (in the first instance judgment of the Changwon District Prosecutors' Office, the No. 1 of the No. 2014 (in the first instance judgment of the Republic of Korea), and subparagraph 2 through 8 of the No. 2033 of the No. 2014 (in the first instance judgment of the Republic of Korea, 200 won) constitutes the game products owned or occupied by Defendant C, the profits generated from the instant criminal act (hereinafter referred to as "criminal profits") constituted the subject of the Act on the Promotion of Game Industry, as prescribed by Article 4 of the Act.
Nevertheless, Defendant C.