The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. In light of the above, the Defendant’s previous conviction three times is the reason for the unfavorable sentencing, and the Defendant’s previous conviction is the reason for the unfavorable sentencing, the confession of the crime, the business period is shorter than five days, and there is almost no profit gained from the crime, and the fact that the Defendant was detained for about eight months is the favorable reason for the sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment below’s punishment is unreasonable, and thus, the Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Alternative Game Industry, Article 30 of the Criminal Act (the use of game products not classified as rating), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and each choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

1. The community service order under Article 62-2 of the Criminal Act;