All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

The branch office of the Suwon District Public Prosecutor's Office which has been seized.

1. The summary of the grounds for appeal is that the punishment [the confiscation of 4 months of imprisonment and 1 (the subordinate branch office of the Suwon District Public Prosecutor's Office) and 2nd judgment resolution [the confiscation of 2 months of imprisonment and 1 through 4 (No. 810 of 2015 pressure branch office of the Daejeon District Public Prosecutor's Office)] of the first judgment is too unreasonable.”

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to jointly examine each appeal case.

However, since the crime of the first instance court's conviction and the crime of the second instance court's conviction are concurrent crimes under the former part of Article 37 of the Criminal Code, one punishment should be sentenced.

Therefore, the judgment of the court below cannot be maintained.

3. The lower court’s conclusion is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the Defendant’s unfair argument of sentencing, and the lower judgment is reversed ex officio, and it is so decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 44(1)1 of the Act on the Promotion of respective Game Industry through which a punishment is selected, Article 28 subparag. 2 of the Act on the Promotion of Game Industry (the point of a fraudulent act for the use of game water), Article 44(1)2 of the Act on the Promotion of respective Game Industry, and Article 32(1)7 of the Act on the Promotion of Game Industry (the point of exchange of the result of the use of game products), and each choice of imprisonment;

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. The reason for sentencing under Article 48(1)1 of the Criminal Code of Confiscation is relatively small, the business size of the illegal game room is short, the business period is short, and the amount was not much large.