Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
except that this judgment.
Reasons
1. Each sentence of the lower court against the Defendants in the summary of the grounds for appeal is too unreasonable.
2. In full view of all the sentencing conditions as shown in the records and arguments of this case and the facts that Defendant A had no same or more criminal records as imprisonment without prison labor, Defendant B had been sentenced to imprisonment with prison labor in the Seoul Northern District Court Decision 201Da2147 and 2278 (Merger) in relation to the JPC operations of this case, and all the Defendants were in depthed, the lower court’s punishment against the Defendants is unreasonable, and thus, the Defendants’ assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, 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) Defendant A: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act; Articles 151(1), 30, and 31(1) of the Criminal Act;
(b) Defendant B: Articles 151(1) and 31(1) of the Criminal Act
1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;
1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act for a suspended sentence (including circumstances in which judgment on the grounds for appeal is stated);
1. Defendant A: Article 44 (2) of the Game Industry Promotion Act, Article 48 (1) of the Criminal Act;