The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

The defendant shall be punished by imprisonment for two years.

1. Summary of the grounds for appeal (the form of punishment and unfair);

A. Defendant A’s sentence (the first instance judgment: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 6 months) is too unreasonable.

B. The sentence of the second instance judgment by the prosecutor is too uneasible and unreasonable.

2. The court of the trial at its discretion decided to hold a joint hearing of each appeal case against the defendant by the court below.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below on the grounds of the above ex officio reversal, without examining both parties’ assertion of unfair sentencing, all parts of the judgment of the court below of first and the judgment of the court below in accordance with Article 364(2) of the Criminal Procedure Act are reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting the offense and the evidence recognized by the court, and the summary of the evidence are as stated in the corresponding column of the first and second original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. under the relevant provisions on criminal facts (the point where a speculative business is engaged in using a speculative implement), Articles 44(1)2 and 32(1)1 of the Act on Promotion of Game Industry, Article 44(1)1 and Article 28 Subparag. 2 of the Game Industry Promotion Act (the point where a game product is provided), Article 44(1)2 and Article 32(1)1 of the Act on Promotion of Game Industry, Article 30 of the Criminal Act (the point where a game product is provided with a speculative act using a speculative implement), Article 34(1)2 and Article 32(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning the Game Industry, Article 30 of the Criminal Act (the point where a game product is provided with a non-grade game product).