게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
The Deputy Office of the Incheon District Prosecutors' Office that has been seized.
1. The sentence imposed by the lower court (one year and two months of imprisonment, and confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Incheon District Court on February 19, 2019, and that the above judgment became final and conclusive on February 27, 2019. The crime of this case and the violation of the Game Industry Promotion Act, for which the judgment became final and conclusive prior to the final and conclusive judgment, require the application of the latter part of Article 37 and Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the judgment of the court below was no longer maintained
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
[Dao-written judgment] The summary of the facts constituting a crime and evidence recognized by the court below and the summary of the evidence are as follows: "The defendant was sentenced to four months by imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Incheon District Court on February 19, 2019, and the above judgment became final and conclusive on February 27, 2019" in the first copy of the facts constituting a crime of the judgment of the court below; and "1. The preceding part of the judgment: the Incheon District Court Decision 2018No3961 and the copy of the judgment of the Incheon District Court, and the copy of the judgment of the Incheon District Court 2018 Godan2341" are as stated in each corresponding column of the judgment of the court below, and this shall be cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant legal provisions concerning facts constituting a crime, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Promotion of the Game Industry Act, the choice of punishment, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.