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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized No. 1.
Reasons
1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because it is too unfasible to this point.
2. We examine ex officio the grounds for appeal by the prosecutor ex officio.
In the trial of the court below, the prosecutor applied for permission of changes in the indictment to the effect that "the defendant and E are sole unemployed, and Eul is the president and the employee of the branch of the game of this case," as stated in the facts constituting a crime under the following [the case used again]. The judgment of the court below was no longer maintained since the case was modified by this court's permission.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are the facts constituting the crime in the judgment below. "Defendant A and E ( currently under police investigation) are the joint vocational players who exercise overall control over the overall business, such as employment and management of employees, customer management, exchange, etc., in the "G Gameland" located on the 2nd floor in the south-gu Seoul Special Metropolitan City, Ulsan-gu, and "Defendant A is a sole vocational players who exercise overall control over the overall business, such as employment and management of employees, customer management, exchange, etc., in the "G Gameland" located on the 2nd floor in the south-gu, Ulsan-gu, Seoul Special Metropolitan City, and E (the indictment of September 28, 2017) is changed from the above gameland to "the president concurrently and employees who exchange their names to customers", and the facts constituting the crime in the judgment of the court below, "Defendant A and the employee Eul" as the "the defendant and the employee Eul" in the above paragraph (2) of the same Article.