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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Ex officio determination
A. Of the facts charged in the instant case, the Defendant, in collusion with D, E, F, and G, engaged in a game providing business without registration with the Office from the end of July 2007 to August 16, 2007, in collusion with D, E, F, and G, etc.
(2) On August 16, 2007, at around 15:40 on August 16, 2007, the Defendant and the instant G et al., who operated an illegal game room as set forth in paragraph (1), were recruited to avoid punishment on the ground of the nominal owner of the business (one chief).
Accordingly, around August 16, 2007, the above G calls from private village I near the game room to help the defendant escape from committing a crime, "on the occasion that the head of the branch office is urgently required, if the head of the Seodaemun Police Station runs as if he actually runs a business, he will pay three million won in return. It will be imposed a fine, as well as a fine." On August 17, 2007, the above I voluntarily go to the office of the Seoul Seodaemun Police Station's Intelligent Criminal Investigation Team around 11:00, when he was investigated, and he made a false statement as if he actually runs a business in the above game room.
B. (1) Violation of statutory punishment (A) on whether the statute of limitations has expired: Article 45 subparagraph 2 (a) of the Game Industry Promotion Act (a imprisonment for not more than two years or a fine not exceeding 20 million won) (b) a criminal escape teacher: Article 151 (1) (a) of the Criminal Act (a) (a) the Criminal Procedure Act was amended by Act No. 8730 on December 21, 2007 and the statute of limitations has been amended by Act No. 8730 on December 21, 2007 (a) thereby changing the statute of limitations period of imprisonment or imprisonment without prison labor for less than five years, suspension of qualifications for a maximum term of not less than 10 years, or a fine not exceeding 20 million won (Article 249 (1) 5 of the Criminal Procedure Act).