사행행위등규제및처벌특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below (the imprisonment of eight months, the suspension of execution of two years, and the community service order of 80 hours) is too unhued and unreasonable.
B. The Defendant’s sentence imposed by the lower court is too unreasonable.
2. Article 44(2) of the Game Industry Promotion Act provides for ex officio confiscation or collection of game products owned or occupied by a person who conducts a business of exchanging game outcomes in violation of Article 32(1)7 of the same Act, and profits generated by such criminal acts and property derived from such profits, prior to the judgment on ex officio and the grounds for appeal by the defendant.
According to the police seizure protocol and the list of seizures, in an investigation agency on August 22, 201, it is recognized that: (a) 40 Internet game machine under the title of “Ocean U-Bat”, a game product located in the place where the instant crime was committed on August 22, 201 from D, the Defendant and his accomplice; (b) 161 copies of “Ocean U-Bat” issued by the Bank of Korea, which are criminal proceeds; (c) 161 copies of “Ocean-Bat” issued by the Bank of Korea; (d) 2 copies of “Ocean issued by the Bank of Korea” issued by the Bank of Korea; and (e) 18 copies of “Ocean” issued by the Bank of Korea; and (e) the above seized articles are seized related to the instant crime; (b) so, the court below erred by misapprehending the legal principles on confiscation
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for reversal of the judgment below ex officio, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the question of the judgment of the court below.