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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
Reasons
1. In light of all the circumstances, including the fact that the defendant was punished for the same kind of crime in 2010 and 2011, the prosecutor of the court below sentenced the defendant to the punishment of KRW 2 million.
It is too unreasonable that it is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, according to the records, the evidence Nos. 1 (2) of the Daejeon District Prosecutors' Office 2013Ma23 of the Daejeon District Prosecutors' Office, which was seized, is obviously subject to voluntary confiscation pursuant to Article 48(1) of the Criminal Act, and it cannot be ruled out the possibility that the defendant would use the articles to prevent recidivism unless it is confiscated. In general, it is reasonable to confiscate the games, etc. provided or intended to be provided in criminal acts against the cases similar to this case. However, the court below's failure to sentence the above seized articles without any special reason constitutes an error of law that affected the conclusion of the judgment beyond the discretionary power on discretionary confiscation. Thus, the judgment below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Criminal Crimes, such as elective Speculative Acts, etc., and selection of fines.