A defendant shall be punished by imprisonment for one year.

2. Before determining the grounds for appeal by the defendant ex officio, the defendant was sentenced to 10 months of imprisonment with labor for a violation of the Game Industry Promotion Act at the Incheon District Court on January 30, 2012, and the judgment became final and conclusive on February 7, 2012. As such, the crime of violation of the Game Industry Promotion Act for which judgment became final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the punishment should be determined after examining whether to reduce or exempt the punishment in consideration of equity with cases where judgment is to be rendered simultaneously pursuant to Article 39(1)

However, the records of this case do not find any scambling of the trial records through the judgment of the court below or the statement of the person concerned as to the crime for which the judgment of this case became final and conclusive.

Therefore, since the court below cannot be deemed to have imposed punishment on each of the crimes of this case pursuant to Article 39(1) of the Criminal Act, the court below was no longer able to maintain any further.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: the facts charged and the summary of the evidence are as follows: “Report on Results of Disposition and Confirmation (Investigation Records 99 pages)” in the 18th sentence of the judgment below, and “Written Judgment of the Inmancheon District Court” is added, and thus, it is identical to the corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;