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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months that the court below sentenced to the defendant is too unreasonable.
2. The Defendant does not have any previous error and is divided into his wrong error.
was detained for a considerable period of time (77 days).
The Defendant appears to have participated in the operation of the game of this case by lending his name, and the period of operation is only the number of won and sales.
In full view of all the circumstances, such as the Defendant’s age, character and conduct, the background and contents leading to the instant crime, and the circumstances after the crime, etc., the punishment for eight months sentenced by the lower court is too heavy.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Punishment and Promotion of Game Industry;
1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);
1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) 1 of the Criminal Act;