The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of five million won, order to complete a program) is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Seoul Southern District Court on July 17, 2020, sentenced to a suspended sentence of two years for a violation of the Act on the Promotion of Game Industry, etc., and the said judgment became final and conclusive on October 21, 2020.

As a result of the conclusion of the above judgment, the Defendant’s crime of this case and the violation of the Act on the Promotion of Game Industry, etc., for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment on the original judgment in consideration of equity in the case of concurrent judgment pursuant to the main sentence of Article 39(

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows after pleading.

[Dao-written judgment] The summary of the facts constituting a crime and the evidence admitted by this court is added to the first head of the facts constituting a crime, "the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Seoul Southern District Court on July 17, 2020, and the above judgment became final and conclusive on October 21, 2020." The summary of the evidence of the judgment of the court is as stated in the corresponding column of the judgment of the court below, in addition to adding "1. Judgment Division: the case tax inquiry division, and three copies of the court decision" at the last part of the evidence of the judgment of the court below as stated in the corresponding column of the judgment of the court. Thus, it is acceptable

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of each fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.