The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and confiscation) imposed by the court below on the defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The subject of classification prescribed by the Game Industry Promotion Act (hereinafter referred to as the "Game Industry Promotion Act") is the contents of the game product or the program license itself, i.e., the contents of the game product or the description of the contents of the game product attached thereto.

Therefore, the act of providing game products with contents different from the rating obtained” under Article 32(1)2 of the Game Industry Act includes not only the act of changing the contents of the application or the explanation attached thereto, but also the act of adding the important functions not indicated in the above application or explanation, but also the act of providing separate external organs, which is not likely to cause any change to the contents of the game products.

(See Supreme Court Decision 2014Do12 Decided May 29, 2014). Of the instant facts charged, the summary of the violation of the Game Industry Act is that “The Defendant provided 40 games to customers, irrespective of the game users’ choice and manipulation ability, automatically modified game contents, unlike the contents rated by the Game Rating Board, in operating the game site.”

그런데 이 사건에서 채택된 증거들과 원심 제1회 공판조서의 기재 등 기록에 의하면, 이 사건에서 피고인이 변조하여 제공하였다는 게임기의 게임 프로그램 자체는 변조되지 않았고, 피고인은 단지 게임기의 버튼 위에 올려놓고 스위치를 켜면 게임 이용자를 대신하여 버튼을 연속하여 눌러주는 장치인 이른바 ‘똑딱이’를 제공하였을 뿐인 것으로 보인다.

As seen earlier.