All parts of the judgment below, excluding the rejection of an application for compensation order, shall be reversed.

Defendant .

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor; 1 year; 2 years of suspended sentence of imprisonment with prison labor for 8 months) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal, this Court held ex officio the appeal cases of the judgment of the court of first instance and the judgment of the court of second instance jointly with each appeal cases of the judgment of the court of second instance, and the first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this respect, the part of the judgment of the court of first instance and the judgment of the court of second instance excluding the rejection of the application for compensation order among the judgment of the

3. Accordingly, the judgment of the court below is reversed in light of the above reasons for reversal ex officio. Accordingly, without examining the defendant's unfair argument of sentencing, the remaining parts of the judgment of the court below No. 1 and the judgment of the court below No. 2, excluding the rejection of the application for compensation order pursuant to Article 364 (2) of the Criminal Procedure Act are all reversed,

[Judgment used again for the reversed part] Criminal facts and the summary of evidence recognized by the court is identical to the facts constituting the crime and the summary of evidence, 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, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act (the fact of exchanging game products, the choice of imprisonment with prison labor), Article 347 (1) of the Criminal Act (the fraud point and the choice of imprisonment with prison labor) concerning criminal facts;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes requires strict punishment in order to eradicate the gaming industry for reasons of sentencing. The Defendant, even though he had been in the period of suspension of the execution of the same crime, did not entirely reflect this even though he had been in the period of suspension of the execution of the same crime, and the Defendant committed