1. The judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment for six months;

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

1. The summary of the grounds for appeal by the prosecutor is unreasonable that the court below did not render a sentence of forfeiture to the body and monitors seized by the court below

(On the other hand, although the defendant filed an appeal, the defendant did not submit the grounds of appeal within the submission period of the statement of grounds of appeal, and the petition of appeal does not contain any statement of grounds of appeal). 2. According to the records, the body and monitors seized are the articles provided for the crime of this case, which are subject to voluntary confiscation pursuant to Article 48(1) of the Criminal Act.

However, it is general that the articles used as the means of crime should be confiscated, and if the articles are not confiscated due to the nature of the articles seized in this case, the defendant or the third party is unlikely to again commit the same crime by using them.

Therefore, even though it is subject to voluntary confiscation, it is appropriate to confiscate it, so it is unreasonable that the court below did not sentence the confiscation penalty.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2, 32 (1) 1 (the provision of a game product with no classification), 44 (1) 2, and 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, and the selection of imprisonment with prison labor;

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists no record of punishment of the same kind or imprisonment without prison labor or heavier punishment);

4. Social service order under Article 62-2 of the Criminal Act.

5. Article 48 (1) 1 of the Criminal Act to be confiscated;