The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant does not pay the above fine.

1. The four-month imprisonment sentenced by the original court in the summary of the grounds for appeal is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, each of the crimes of this case is related to the crime of violation of the Game Industry Promotion Act and the latter part of Article 37 of the Criminal Act, on July 29, 2016, on which the defendant was sentenced to imprisonment for one year and six months at the Busan District Court on May 12, 2016. Thus, in determining the punishment for each of the crimes of this case, the equity between the case where the defendant is judged simultaneously with the crime of violation of the Game Industry Promotion Act should

In this respect, the judgment of the court below that determined the punishment against the defendant cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is so decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence acknowledged by this court is as stated in the judgment of the court below, on May 12, 2016, adding "the defendant was sentenced on July 29, 2016 to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Busan District Court on the part of the first head of the facts constituting a crime, and the judgment became final and conclusive on July 29, 2016." The summary of the evidence is the same as stated in the judgment of the court below, except for adding "case agreement assistance meetings and each written judgment" in the summary of the evidence to "in addition.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act, the choice of fines for the crime;

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

1. The defendant's reasons for sentencing under Articles 70 (1) and 69 (2) of the Criminal Act for attracting a workhouse in the lower court.