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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the fact that the Defendant was punished for the same kind of crime and that the Defendant committed the instant crime at the same time during the suspension of execution due to the same kind of crime, it is necessary to strictly punish the Defendant.
However, in full view of all the circumstances such as the fact that the defendant is led to the crime in the trial, the fact that the defendant is sentenced to punishment for an illegal game product related crime is the first time, and the age, character and conduct, the environment of the defendant, the circumstances leading to the crime in this case, the circumstances leading to the crime in this case, and the circumstances after the crime, the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Various circumstances considered in light of the relevant Article of the facts constituting a crime, Articles 44(1)2 and 32(1)7 of the Act on the Selection of Game Industry and the Promotion of the Game Industry, and Article 30 of the Criminal Act’s grounds for reversal of sentence