아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
The part of the first, fourth and third judgment of the court below concerning the defendant shall be reversed in entirety.
Defendant shall be sentenced to six years of imprisonment.
1. The summary of the grounds for appeal: The sentencing of the lower court (the first instance judgment: 4 years of imprisonment; the second instance judgment: imprisonment with prison labor for 2 years; the third instance judgment: imprisonment with prison labor for 1 year and 6 months; and the fourth instance judgment: imprisonment with prison labor for 6 months) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
A. Of the first, fourth and third original judgments, the first and fourth original judgments against the defendant were pronounced respectively, and the defendant filed an appeal against the defendant, and this court decided to jointly examine the appeal cases.
However, among the judgment of the court below, each of the offenses against the defendant should be sentenced to one punishment in relation to concurrent offenses under the former part of Article 37 of the Criminal
Therefore, among the first, fourth and third original judgments, the defendant's parts cannot be maintained as they are.
B. In the latter part of Article 39 of the Criminal Act, the term “a crime for which judgment to be sentenced by imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive” in the judgment of the lower court, constitutes concurrent crimes as provided in the latter part of Article 37 of the Criminal Act. In such a case, a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has not been made final and conclusive under Article 39(1) of the Criminal Act
(see, e.g., Supreme Court Decision 2015Do5257, Jun. 24, 2015). The record reveals that the Defendant was indicted on November 19, 2019 on the charge of violation of the Game Industry Promotion Act (an offense: from May 27, 2019 to May 23, 2019), and was finally affirmed on May 27, 2020, by serving two years of suspended sentence, etc. on August 4, 2020.
Therefore, among the judgment of the court below in violation of the Act on the Promotion of Game Industry, which became final and conclusive, and the judgment of the court below in 1 through 3, the defendant's crimes constitute concurrent crimes under the latter part of Article 37 of the Criminal Act.