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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal (Article 1: 8 months of imprisonment; 3 years of suspended execution; 1 year and 6 months of imprisonment) of the lower court is too unreasonable.
2. Before determining the grounds for appeal ex officio, this Court tried ex officio prior to the determination of the grounds for appeal for judgment of ex officio, and this Court tried by combining the appeals against the Defendant against the first and second judgment. Each of the offenses of the combined judgment of the court below, which were deliberated in the trial, is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment
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 judgment below is again decided as follows.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 30(1)1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. by the relevant statutory provisions concerning criminal facts and each of the former speculative acts, etc. by the choice of punishment (Amended by Act No. 10149, Mar. 22, 2010); Article 30 of the Criminal Act; Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act; Article 30 of the Criminal Act; Article 44(1)2 of the Act on the Promotion of Game Industry; Article 32(1)2 of the Criminal Act; Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (amended by Act No. 10149, Mar. 22, 2010);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;