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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to imprisonment with labor for 8 months with labor for a violation of the Game Industry Promotion Act from the Suwon District Court's Ansan Branch on July 22, 2014, and on March 24, 2015, the judgment became final and conclusive on March 24, 2015 during the appellate trial of this case. The crime for which the judgment became final and conclusive as stated above with each of the crimes of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, and is determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court is as follows. The first head of the judgment of the court below is that "the defendant was sentenced to two years of suspended execution in August, 2014 and a community service order of 120 hours in March 24, 2015 due to a violation of the Game Industry Promotion Act" was finalized on July 22, 2014. The summary of the evidence of the judgment of the court below is as follows: "1. The court below added "1............. the defendant's partial statement of the court (the defendant operated the vehicle in this case)" to "1.......... The other part of the court statement of the court below is as stated in the corresponding column of the judgment of the court below, except for the case where the defendant changed "1....... the defendant operated the vehicle in this case on a temporary warning"