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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Since there is a high possibility that the system of the game of this case is different, the result of the appraisal by the National Institute of Scientific Investigation cannot be readily concluded that the game of this case was altered after sale, and there is little possibility that the game of this case was altered after the game machine was sold, and the defendant provided a new game machine to K who is an operator of the game of this case, so the court below acquitted the defendant by misunderstanding the fact, despite the fact that the defendant could have sold and distributed the game of this case.
Judgment
The court below acknowledged that the defendant denied the facts charged in this case in the investigative agency and court, and according to the statement and the statement at the investigative agency of the court of the court of the court below by K, K accepted the above game machine from J, and the article was in multiple games to repair the above game machine, and it can be recognized that the above game machine was sold through the head of G headquarters and contact with the head of the headquarters or the game with the head of the headquarters to repair the game machine. The defendant stated that the program installed in the above game machine was delivered from L in the investigative agency and court, and if the program and machine were transferred to M, it was installed in the machine in M and it was sent to the factory, and the finished product was made in the factory. According to the expert opinion of the National Institute of Scientific Investigation of the above game machine, according to the appraisal of the above game machine, the time when the program altered in the above game machine was installed has not been changed until it is a system. In light of the above circumstances, it can not be ruled out that the defendant altered the program, and it can not be ruled out that the defendant altered the game machine after issuing the program.