All judgment of the court below shall be reversed.

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

On April 9, 2015, seized Busan District Prosecutors' Office.

1. The first and second decisions of the court below against the defendant on the summary of the reasons for appeal are as follows: imprisonment with prison labor for eight months and confiscation; imprisonment for eight months and confiscation respectively; in light of the various sentencing conditions, the punishment of the first and second decisions of the court below is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and the judgment of the second court against the defendant was rendered, and the defendant filed an appeal against the judgment of the first and second court. The court decided to hold concurrent hearings of the above two appeals. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained in entirety.

3. As such, the judgment of the court below 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as those stated in each corresponding column of the original adjudication resolution of KRW 1,2, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 1 (which uses game products not rated) of the Act on the Promotion of Alternative Game Industry, Article 44 (1) 2 and Article 28 subparagraph 3 of the Game Industry Promotion Act, Article 30 of the Criminal Act, the selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. There is no record that the defendant was punished for the same crime for the reason of sentencing under Article 44(2) of the Confiscation Industry Promotion Act and Article 48(1)1 of the Criminal Act, and this case.