We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than two years and six months.

Summary of Grounds for Appeal

The sentence of the original judgment (unfair sentencing on both the original judgment) by the Defendant (the original judgment: imprisonment of 1 year and 6 months, and imprisonment of 1 year and 6 months) is too unreasonable.

The prosecutor (unfair sentencing on the judgment of the court below of the second instance)'s sentence is too unjustifiable and unfair.

The court of the trial of ex officio judgment decided to consolidate each appeal case of the judgment of the court below against the defendant.

The judgment of the court below in the first and second instances is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, the judgment of the first and second court cannot be maintained as it is.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the argument of unfair sentencing made by the defendant and the prosecutor, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. under the relevant laws on criminal facts, Article 30 of the Criminal Act (the use of speculative acts using speculative machines among the criminal facts in the first instance judgment), Article 44 (1) 2 and Article 32 (1) 1 of the Act on Promotion of Game Industry, Article 30 of the Criminal Act (the use of game products not rated), Article 44 (1) 1 and Article 28 subparagraph 2 of the Criminal Act, Article 30 of the Criminal Act, Article 45 subparagraph 4 and Article 32 (1) 2 of the Act on Promotion of the Game Industry, Article 30 of the Criminal Act, Article 30 (1) of the Criminal Act (the use of game products with any content different from that of the rating), regulation of each former speculative act, etc., and Article 44 (1) 1 and Article 28 of the Criminal Act, Article 32 (1) 2 of the Act on Special Cases concerning Punishment, etc.