All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Seoul Central District Public Prosecutor's Office.

1. The decision of the court below (No. 1: imprisonment with prison labor for 2 years, additional collection, imprisonment for 4 months and confiscation) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above two appeals jointly for deliberation.

The first and second judgment of the court below was unable to maintain as it is, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, each of the selective speculative acts, etc. (the point of the speculative business using the speculative gaming machines), Articles 44 (1) 2 and 32 (1) 7 of the Promotion of respective Game Industry Act (the point of exchange of the result of acquiring a game), and choice of imprisonment with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 44 (2) of the Confiscation Industry Promotion Act;

1. See Article 44 (2) of the Act on the Promotion of Additional Collection (2 million won recognized by the defendant) 2020 highest 2368 cases, 152 highest 2368

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) committed the instant crime during the period of repeated crime due to the same crime.