게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal: The punishment imposed by the lower court (one year of imprisonment) is too unreasonable.
2. Each of the crimes of this case, which led to a speculative spirit for many and unspecified persons, thereby impairing their sound labor awareness and causing the failure of home economy, is heavier than that of the crime in light of social harm and injury.
On October 30, 2015, the Defendant committed each of the instant crimes during the period of suspension of execution, even though one year of imprisonment with labor for a violation of the Game Industry Promotion Act and the two years of suspended sentence became final and conclusive.
These circumstances are disadvantageous to the defendant.
However, the Defendant recognized all of the crimes of this case and is in depth against each other.
The duration of each of the instant crimes itself is not clear.
These circumstances are favorable to the defendant.
In addition, in full view of the Defendant’s age, occupation, character and conduct, environment, family relationship, motive and background of each of the instant crimes, means and consequence of each of the instant crimes, and all of the sentencing conditions shown in the instant records and arguments, the sentence imposed by the lower court is deemed unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and the summary of the evidence, and the summary of the evidence, are the same as that of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Results of the use of game products under Article 45 of the relevant Act on criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act (including the provision of game products with different contents from those of the game products whose classification has been obtained), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, and Article 30 of the Criminal Act;