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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
seizure.
Reasons
1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (one hundred months of imprisonment, confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant, the prosecutor examined the following facts: “from July 6, 2012 to July 2012, 2012” in the crime period of the 2012 Godan6923 case against the Defendant, “from July 6, 2012 to July 8, 2012”; and “from July 6, 2012 to July 20, 2012, from July 6, 2012 to from July 6, 2012” in the 2013 Gopo-Ma2067 case’s crime period “from July 6, 2012 to the same month from July 18, 2012” applied for changes to “from July 9, 2012 to July 18, 2012,” and thus, the judgment below was reversed.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment below against the defendant is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: (a) the "defendant" of the Gwangju District Court Decision 2012 Godan447 case in the facts constituting the crime in the judgment of the court below shall be deemed as the "defendant A"; (b) the period of each crime in the Gwangju District Court Decision 2012 Godan6923 and 2013 Godan2067 case shall be deemed as the same as the modification of the above indictment; and (c) the "part statement of the defendant A" in the summary of each evidence shall be deemed as the "written statement of the defendant A in the trial of the defendant", and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 45 of the Act on the Promotion of Game Industry and Article 32 (1) 2 of the Act on the Selection of Punishment of Crimes; Articles 45 subparagraph 4 and 32 (1) 2 of the same Act;