게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of seven million won.
The above fine shall not be paid by the defendant.
1. On November 12, 2012, the Defendant filed an appeal simultaneously with filing an application for recovery of his/her right to appeal against the lower judgment. However, on March 29, 2013, the record clearly shows that the Defendant was unable to submit the statement of grounds for appeal within 20 days from the date he/she received the notice of receipt of the trial record and the notice of appointment of a state appointed defense counsel through service by public notice from the court. There is no written application for recovery of the right to appeal
However, on August 24, 201, the Defendant was sentenced to a suspended sentence of three years in October, 201, probation and community service order 200 hours in violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc., and the Act on Promotion of the Game Industry, and the judgment becomes final and conclusive on September 1, 201. The Defendant violated the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc., for which the judgment became final and conclusive and the Defendant committed the instant crime in violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc., in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be determined after considering the case of concurrent crimes under the latter part of Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. However
In this respect, the judgment of the court below is no longer maintained.
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The criminal facts acknowledged by this court are the first head of the judgment below's criminal facts, and except for adding "the defendant was sentenced on August 24, 201 to imprisonment with prison labor for the violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. and the Act on Promotion of the Game Industry and for the violation of the Act on the Promotion of Speculative Acts, etc. and for the violation of the Act on the Promotion of the Game Industry on September 1, 201, and the judgment became final and conclusive on September 1, 2011."