The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Summary of Grounds for Appeal

The sentencing of the court below (two months of imprisonment, confiscation) is too unreasonable.

Judgment

In light of the following circumstances: (a) the instant crime is a new type of crime using a hamp; (b) the game products used for committing the instant crime are frightened; and (c) the game products used for committing the instant crime are considered to be frightened, which are disadvantageous to the Defendant; (d) the Defendant led to the confession of the instant crime; (b) the Defendant did not have the same criminal record and had no record of criminal punishment; and (c) the Defendant did not repeat the instant crime in depth during the period of detention for about five months; and (d) other circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the motive and background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, are considered to be somewhat inappropriate.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of facts constituting an offense, Articles 44 (1) 2, 32 (1) 1, and 30 of the Act on the Promotion of the Game Industry which has not been rated), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of 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 on the suspended execution (average conditions favorable to the defendant among the grounds for reversal in the front);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 44 (2) of the Confiscation Industry Promotion Act;