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(영문) 광주지방법원 2018.03.28 2017노2210

게임산업진흥에관한법률위반

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: one year and two months of imprisonment; three years of suspended sentence; one year and six months of imprisonment; three years of suspended sentence; three years of suspended sentence; three years of fine: Defendant C: fine of KRW 5 million; and Defendant D: fine of KRW 10 million) is too unreasonable.

B. The lower court’s sentence against the Defendant A, B, and D of the Prosecutor is too unhued and unreasonable.

2. The judgment was examined, and the crime of this case was committed closely with relatives.

Defendant B and D have criminal records of criminal punishment for the same kind of criminal records, which are disadvantageous to the Defendants.

However, on the other hand, Defendant A has no criminal record of the same kind of punishment or heavier punishment, Defendant C has no criminal record exceeding the same kind of punishment or fine in the case of Defendant C, and the fact that the period of the instant crime is not long and the profits accrued therefrom are not much different are favorable to the Defendants.

In addition, considering the fact that there is no particular change in the sentencing conditions compared to the court below and all the sentencing conditions shown in the records and arguments of this case, the sentence of the court below is too heavy or it seems unfair because it is too heavy. Thus, the above assertion by the defendants and the prosecutor is without merit.

3. If so, the appeal by the Defendants and the public prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.