The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

가. 법리오해 피고인이 속칭 ‘똑딱이’를 사용하여 게임이 자동으로 진행되도록 한 것은 게임물의 내용에 아무런 영향이 없는 행위여서 등급분류를 받은 내용과 다른 내용의 게임물을 제공한 것이라 볼 수 없다.

B. In light of the overall circumstances of the instant case on unreasonable sentencing, the lower court’s imprisonment (ten months of imprisonment, two years of suspended sentence, probation, 120 hours of community service order, confiscation, and additional collection) is too unreasonable.

2. Determination

A. The subject of rating under the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) is the contents of the game product or program itself, which is not the game product or program license itself, and the contents of the game contents description 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). B.

According to the evidence duly adopted and examined by the court below, ① a game content description attached to the application for classification of the game of this case, which is attached to the game of this case, is to obtain game scores when an association of the cards falling under the score table is conducted with four cards except for the cards selected by the user by selecting and fixing one of the five cards which are produced at will by the user.