The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. Although the judgment of the court below had the record of punishment for the same crime, if it is recognized that the defendant again committed the crime of this case despite the fact that the defendant was guilty of committing the crime of this case, the defendant does not have any criminal record other than a fine, and considering the balance in sentencing with the accomplice, the age and character of the defendant, the circumstances leading to the crime of this case, and the result, the punishment of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following judgment is rendered again

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 2, Article 32 (1) 1, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 2 of the Act on the Promotion of the Game Industry, Article 44 (1) 2 of the Promotion of the Game Industry Act, Article 32 (1) 7 of the Criminal Act, Article 30 of the Criminal Act, the selection of imprisonment with labor, respectively;

1. Of concurrent crimes, the former part of Articles 37 and 38 (1) 2 of the Criminal Act (aggravated aggravation of concurrent crimes determined in violation of the Game Industry Promotion Act due to the provision of game products with heavy rating classification) among concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above provision shall be considered);

1. Probation and community service order under Article 52-2 of the Criminal Act;

1. Article 44 (2) of the Confiscation Industry Promotion Act;