게임산업진흥에관한법률위반
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The seizure of articles 1 to 1.
The summary of the grounds for appeal (unfair form of punishment) of each of the original judgments (one year and two months of imprisonment, and eight months of imprisonment), is too unreasonable.
The court of the judgment of the court below ex officio decided to consolidate each appeal case of the court below against the defendant, and each of the offenses in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows after pleading.
Criminal facts
The summary of facts constituting a crime and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 45 of the Act on the Promotion of Game Industry and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Selection of Criminal Facts, and Selection of Imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act is a favorable circumstance that the defendant has no previous convictions in the past, that the defendant is a disabled person of Grade V with a delay disability, and that the defendant has the wife and her offspring to support the defendant.
However, on January 15, 2014, the Defendant was found to have committed the instant crime and the investigation was initiated, even if the prosecution was initiated, and repeated the remainder of the crime. The instant game room was installed from 50 to 75 games, which had been modified differently from the contents of the rating, and the Defendant tried to avoid the control of the investigative agency while operating the game room in which the CTV was installed.