Defendant

Defendant

Freeboard Kim

Attorney Kim Byung-soo

1. Goyang District Court Decision 2006Kadan1790 decided Feb. 1, 2007; / 2. Goyang Branch Court Decision 2007 Goyang Branch Court Decision 2007 Goyang494, 569 (merged) decided July 18, 2007

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Three days of detention before pronouncement of the judgment of the court below shall be included in the above sentence.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The evidence Nos. 874, 1 through 5, 968, 1, 1009, 1009, and 2 of the above pressure district prosecutor’s office that was seized shall be confiscated from the accused, respectively.

The defendant shall be ordered to provide community service for 80 hours.

1. Summary of grounds for appeal;

(a) Liability lighting;

Defendant’s operation of the game of this case with legitimate permission from the Ministry of Culture and Tourism was subject to a disposition of suspension of business by the authorities, and the District Court decided to suspend the validity of the above disposition of suspension of business, and trust it and continue to operate the game of this case, the Defendant is held liable for the lack of expectation

(b) An inclusive crime;

The defendant's criminal facts in the case of violation of the Act on the Sound Records, Video Products and Game Software and each of the criminal facts in this case, which became final and conclusive, are in the relation of a single comprehensive crime. Thus, the effect of the above final and conclusive judgment shall affect each of the criminal facts in the relation of a single comprehensive crime. Thus, each of the above criminal facts constitutes a final and conclusive judgment.

2. Determination

A. Ex officio determination

On February 1, 2007, the defendant was sentenced to 2 years of suspended sentence to 8 months of imprisonment, and 2007 High Court 2007 High Court 494, and 569 (Merger) on July 18, 2007, and the above two cases were merged during the party oral proceedings. The above two crimes against the defendant were in a concurrent relationship under the former part of Article 37 of the Criminal Act, and the criminal facts of Article 38 (1) 2 of the Criminal Act should be sentenced to 1 punishment in accordance with Article 38 (1) 2 of the Criminal Act. Thus, each judgment of the court below became unable to maintain any further in this respect.

Even if there is a ground for ex officio reversal, the Defendant’s assertion of the above liability provision and the argument of the blanket crime is still subject to the judgment of this court, and this is to be examined.

B. Determination as to the assertion of denial of responsibility

The defendant's above assertion is not accepted, since it is difficult to view that there is no possibility of expectation about lawful act solely on the grounds that the defendant was decided to suspend the suspension of business from the Speaker District Court.

C. Determination as to the assertion of blanket crime

In light of the following circumstances acknowledged as a result of the records of this case, i.e., the Defendant’s seizure of seized articles related to the case of violation of the Ki Government District Court Goyang Branch Decision 2005Da1342, 2006Kadan475 (Joint) Sound Records, Video Products and Game Software Act, and the Defendant was unable to conduct business operations for a period of 40 days from June 27, 2006 to 40 days due to the disposition of business suspension, and the Defendant’s continued resumption of business as stated in the facts of each of the instant facts, and the relevant evidence has been seized after the restriction of the game of this case’s game site and seizure of relevant evidence, it shall be deemed that the separate crime is established as a result of the renewal of the criminal intent whenever the Defendant resumes his business.

3. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, since there is a ground for ex officio reversal, and the judgment below is also ruled as follows after pleading.

The summary of the facts constituting the crime and the evidence recognized by this court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

1. Article applicable to criminal facts;

Articles 50 subparag. 3 and 32 subparag. 3 of the former Sound Records, Video Products and Game Software Act (amended by Act No. 7943 of Apr. 28, 2006), and Article 30 of the Criminal Act (Article 30 of the Criminal Act shall be included in each criminal facts and each criminal facts of the second original trial, respectively, at the time of the first trial)

1. Selection of punishment;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

Judges Kim Jong-su (Presiding Judge) and Hong-soon