게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to imprisonment with prison labor for not more than four months for a violation of the Game Industry Promotion Act in the Macheon Branch of the Gwangju District Court on June 15, 2016, and the judgment became final and conclusive on June 23, 2016.
Therefore, inasmuch as the crime of violation of the Act on the Promotion of Game Industry and the crime of violation of the judgment of the court below against the defendant, which became final and conclusive, is in the relation of concurrent crimes after Article 37 of the Criminal Act, a punishment for the crime as stated in the judgment of the court below shall be sentenced in consideration of equity with the case to be judged at the same time in accordance with Article 39 (1)
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by the court and the summary of the evidence are the first head of the "criminal facts" judgment of the court below. "The defendant was sentenced to two years of suspended execution on June 15, 2016 to imprisonment with prison labor for a violation of the Act on the Promotion of Game Industry" and the judgment was finalized on June 23, 2016.
“A summary of evidence” is as follows: “A copy of the judgment: a copy of the text of the judgment; and a summary information inquiry of the case” is added at the last time; therefore, it is identical to each corresponding column of the judgment of the court below; thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of Alternative Game Industry, and Selection of fines;
1. The Criminal Act dealing with concurrent crimes;