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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. An offense related to the use and provision of illegal game products and the operation of the illegal game room is disadvantageous to the fact that the social harm and danger of society is very high, such as promoting a speculative spirit of the general public and causing the failure of home economy, etc. However, in the course of investigation, the defendant denied the crime while he was merely a customer in the course of investigation, but at latest discussed the name and contact of the business owner who actually operated the game of this case in the course of investigation, but the defendant was placed in an economically difficult situation after divorce due to business failure, and the defendant was involved in the crime of this case for 15 days after he was involved in the crime of this case and received KRW 70,00 per day from the unemployment, and did not commit any unlawful act again with this case. In full view of the fact that the defendant's person complained against the defendant's prior wife, and other circumstances of sentencing, such as the defendant's age, character, and environment, the judgment of the court below seems to be too severe.
3. In conclusion, the part of the judgment of the court below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed and this part of the appeal is judged as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Points of speculative acts using game products: Article 44 (1) 1 and Article 28 subparagraph 2 of the Game Industry Promotion Act, and Article 30 of the Criminal Act (Selection of Imprisonment);
(b) point of exchange of game products: Article 44 (1) 2 of the Game Industry Promotion Act;