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The judgment below
The part against the Defendants is reversed.
Defendant
B Imprisonment with prison labor of 8 months, Defendant C shall be fined 7,00.
Reasons
1. In light of the overall sentencing conditions in light of the summary of the grounds for appeal, the sentence of the lower court (a fine of KRW 7,000,000 for each of the defendants) is too uneased and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the punishment of the principal offender shall be mitigated to less than that of the principal offender (Article 32(2) of the Criminal Act). Since the lower court recognized the Defendants as committing a crime of aiding and abetting in violation of the Game Industry Promotion Act, the lower court did not take such measures even though the Defendants should be subject to the necessary mitigation of punishment.
Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to accessories, and the part of the judgment of the court below as to the defendants cannot be maintained.
3. Therefore, the part of the judgment of the court below against the Defendants is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor’s allegation of unfair sentencing, and the part of the judgment of the court below against the Defendants is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendants recognized by this court is identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant B: Article 45 Subparag. 4 and Article 32(1)2 of the Game Industry Promotion Act; Article 32(1) of the Criminal Act (a) of the same Act; Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act; Article 32(1) of the Criminal Act (a)
(b) Defendant C: Article 45 Subparag. 4 and Article 32(1)2 of the Game Industry Promotion Act, and Article 32(1) of the Criminal Act (a) of the same Act.