The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

1. The summary of the grounds for appeal omitted the Defendant from the sentence of additional collection when sentenced to imprisonment for 10 months, 2 years of suspended sentence, 160 hours of probation and community service, and 160 hours of confiscation. Profits earned by the Defendant by providing a game product different from the game product rated in the case of 2018Kadan1000 as indicated in the judgment of the court below are “goods produced or acquired by committing a crime” under Article 48(1)2 of the Criminal Act, and where it is impossible to confiscate them, the amount of the value should be additionally collected, but the sentencing of the court below which omitted this is too una

2. As confiscation and collection under Article 48 of the Criminal Act are arbitrarily conducted, the issue of whether to collect additional collection is at the discretion of the court (see, e.g., Supreme Court Decision 2000Do515, Sept. 4, 2002). Meanwhile, according to the evidence duly adopted and examined by the court below, the defendant operates the game of this case in a manner that provides a game machine altered for about five months from mid-2 2017 to May 17, 2018, and gains at least 10,000 won (one day net profit x 100,000 x 20 days operation days per month x 1 month operation day x 5 months x 1 month operation day). However, it is recognized that additional collection is more than 10,000 won as a result of the crime of this case, or it is obviously impossible to confiscate or collect additional collection as a result of the crime of this case.

3. In conclusion, the prosecutor's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.