A defendant shall be punished by imprisonment for one year.

50,400,000 won from the defendant.

A. The lower court’s punishment (the first instance judgment: imprisonment with prison labor for a year, 50,400 won, and the second instance judgment: imprisonment with prison labor for a period of two months) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the first and second court rendered ex officio a sentence of imprisonment with prison labor for the former, one year for the latter and two months for the latter, respectively, and the defendant filed an appeal against each of the above judgments, and the prosecutor filed an appeal against the second court, and the court of the first instance made a decision to concurrently examine the above two appeals. Each of the offenses against the defendant shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant shall be sentenced to a single sentence under Article 38(1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and it is again decided following the pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 2, Article 32 (1) 7, Article 30 of the Criminal Act, Article 257 (1) of the Criminal Act concerning facts constituting an offense, Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, Article 257 (1) of the Criminal Act, and selection

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The defendant committed each crime on the grounds of sentencing under Article 44(2) of the Act on the Promotion of the Additional Collection Game Industry.