게임산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., a fine of 5 million won, confiscation, and collection of 560,000 won) of the lower court is too uneased and unreasonable.
2. The crime of this case is an act that encourages speculation and undermines sound labor awareness, and that the nature of the crime cannot be deemed to be less and less unfavorable to the defendant.
On the other hand, the fact that the defendant led to the crime of this case, the defendant did not have the record of being punished as a violation of the Game Industry Promotion Act, and there was no record of criminal punishment exceeding the fine, and the defendant's crime period (eight days) is relatively short, is favorable to the defendant.
Considering the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is deemed appropriate as a punishment within the scope of the discretion of sentencing.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.