게임산업진흥에관한법률위반
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this judgment.
1. The penalty of the original judgment against the accused (one hundred months of imprisonment and confiscation) is too unreasonable.
2. In full view of the following facts: (a) the Defendant appears to recognize and reflect his mistake; (b) the Defendant has been living under confinement for about three months in the instant case; (c) the Defendant has no record of being punished for the same kind of crime; and (d) and all matters concerning the sentencing specified in the records and arguments of the instant case, the lower judgment’s punishment is too unreasonable, and thus, the Defendant’s assertion is justified.
3. Accordingly, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is rendered after pleadings.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article on criminal facts, Articles 44 (1) 2, 32 (1) 1 (the point of providing for the use of a game product with no classification) of the Act on the Promotion of the Game Industry, Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Promotion of the Game Industry, and the selection of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) of the Criminal Act of confiscation;