게임산업진흥에관한법률위반
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 30,000,000.
Defendant.
The main point of the grounds for appeal is that the lower court’s punishment (the amount of KRW 30 million, confiscation, and additional collection of KRW 6.6 million) is too uneasy and unfair.
2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.
Article 35 (1) of the Criminal Act refers to a crime punishable by imprisonment without prison labor or imprisonment with prison labor for a high term or for a limited term. In the event a fine selected among the punishments prescribed by the relevant crime is a fine, the repeated crime cannot be subject to aggravated punishment (see, e.g., Supreme Court Decisions 82Do1018, Jul. 27, 1982; 95Do1637, Apr. 11, 197). Nevertheless, the court below selected a fine among the punishments prescribed by the Act on the Promotion of Game Industry of this case and applied Article 35 of the Criminal Act to aggravated repeated crimes. The court below erred by misapprehending the legal principles on repeated crimes, which affected the conclusion of the judgment.
In this respect, the part of the judgment of the court below against the defendant is no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the part of the judgment below against the defendant among the judgment below is reversed and it is again decided as follows, subject to pleadings, without examining the prosecutor's decision on the prosecutor's unfair argument of sentencing. However, since it is apparent that the "three years of imprisonment" following the second sentence is a clerical error in the "three months of imprisonment" under Article 25(1) of the Rules on Criminal Procedure, it is obvious that the two years of imprisonment" is a clerical error in the "three months of imprisonment," and it is corrected ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure. [The reason for re-written judgment] The summary of facts and evidence recognized by the court below are the same as the corresponding column of the judgment of the court below
Application of Statutes
1. Article 44 (1) 1 and Article 28 subparagraph 2 of the Act on the Promotion of Alternative Game Industry and Article 30 of the Criminal Act concerning criminal facts (the encouragement of speculative acts using game products).