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The judgment of the court below is reversed.
Acquittal of the accused shall be acquitted.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding or legal principles, the above summary order was issued and confirmed on February 3, 2016 on the same criminal facts as the facts charged in the instant case, and this constitutes a final and conclusive judgment on the facts charged in the instant case, and thus, the Defendant shall be acquitted pursuant to Article 326 subparag. 1 of the Criminal Procedure Act. However, the lower court erred by misapprehending the facts charged in the instant case or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The 8-month sentence of imprisonment sentenced by the court below which was unfair in sentencing is too unreasonable.
2. According to the records on the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant was issued a summary order on January 20, 2016 at the Busan District Court on the issue of a fine of KRW 3 million and confirmed on February 3, 2016, and Article 457 of the Criminal Procedure Act is acknowledged to have become final and conclusive as of February 3, 2016, when the period for request for a summary order under Article 457 of the Criminal Procedure Act has expired, or when the withdrawal of a request for a formal trial or a final and conclusive judgment has become final and conclusive, and a summary order on January 20, 2016 has become final and conclusive as of February 3, 2016, when customers exchange gift acquired through the above game water in cash.
The Act stipulates.
However, the summary of the facts charged in the instant case is that the Defendant committed an offense falling under Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act by providing customers with “gallon X” and “Mara 2199” games, when operating “C Gameland” located in Busan, Seo-gu B and 2 from August 25, 2015 to the 30th day of the same month, and by exchanging premiums obtained through the said games in cash by customers.