A defendant shall be punished by imprisonment for not more than ten months.

The defendant asserts that the punishment sentenced by the court below (two years of suspended execution, one year of community service, one hundred and sixty hours) is too unreasonable.

2. Determination

The Defendant issued a summary order of KRW 7 million due to a violation of the Game Industry Promotion Act in 2008, and committed the instant crime more than three times on six months of imprisonment with prison labor due to a violation of the Game Industry Promotion Act in 2010, even though he had been sentenced to 2 years of probation or community service hours for the violation of the Act on the Promotion of Game Industry, etc., the Defendant committed the instant crime on more than three occasions; the Defendant planned or led the instant crime on the ground of the branch office; the crime related to illegal game products is committed against ordinary people; the crime against ordinary people is committed against the general society; the total amount of the controlled game site; the large number of games are large; even according to the sentencing guidelines of the Sentencing Committee, the Defendant committed the crime of violation of the Game Industry Promotion Act resulting from the business of exchanging the game products; and if he committed the instant crime in an organized manner by sharing the role of many people, the Defendant is sentenced to imprisonment with prison labor for more than one year," and it constitutes an aggravated sentence.

Even when considering the fact that the defendant recognized his mistake and reflects the defendant's family, and that there is a family to support the defendant's family in favor of the defendant, the sentence sentenced by the court below is deemed unfair.

3. Conclusion

Since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

【Discretionary Judgment】 Summary of Criminal facts and Evidence

The summary of the facts constituting the crime recognized by this court and the evidence thereof are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act).

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 45 Subparag. 4 and Article 32(1)2 of the Act on the Promotion of Game Industry, Article 32 of the Criminal Act (the aiding and abetting the provision of game products different from the game products rated, the choice of imprisonment), Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act, Article 32 of the Criminal Act (the point of aiding and abetting the provision of game products exchange business, the choice of imprisonment), Article 45 Subparag. 4 and Article 32(1)2 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act (the point of providing game products different from the game products rated, the choice of imprisonment), Article 44(1)2 and Article 32(1)7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act (the point of aiding and abetting the provision of game products which are different from the game products rated, Article 44(1)2 and Article 32(1)2 of the Criminal Act, Article 44(1)2 and Article 32)14 of the Act on the Promotion of the Game Industry Act, Article 32 of imprisonment

2. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act

3. Aggravation for concurrent crimes; and

The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are examined in full view of the various circumstances as well as various other circumstances, including the Defendant’s age, character and conduct, environment, motive, background, means and method of, and circumstances after, the crime, etc., and the sentencing conditions indicated in the present arguments and records, including the circumstances after the crime, shall be determined as ordered.

Judges Song Jong-soo

Judges Kim Gin-soo