게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won in penalty) is too unhued and unreasonable.
2. We examine ex officio the grounds for appeal by the prosecutor ex officio.
On March 11, 2016, the Defendant was sentenced to a suspended sentence of one year and two years for a violation of the Game Industry Promotion Act at the Busan District Court on March 11, 2016, and the judgment became final and conclusive on March 19, 2016.
The crime of this case is in the relation of concurrent crimes between the crime of violation of the Act on the Promotion of the Game Industry and the crime of violation of the Act after Article 37 of the Criminal Act, which became final and conclusive, and the punishment shall be imposed in consideration of the equity with the case of concurrent judgment pursuant to Article 39 (1) of the Criminal Act. Therefore, the judgment of the court below which determined the punishment against the defendant cannot be maintained as
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts constituting a crime and evidence recognized by this court was sentenced on March 11, 2016 by the Busan District Court to a suspended sentence of one year and two months for a violation of the Game Industry Promotion Act, and the judgment became final and conclusive on March 19, 2016.
“1. A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. A summary information of this case” to the summary of the evidence, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 1, and Article 21 (1) of the Act on the Promotion of Alternative Game Industry, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 44(2) and (3) of the Confiscation Industry Promotion Act;