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(영문) 인천지방법원 2020.06.12 2019노2410

게임산업진흥에관한법률위반등

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the form of punishment) that the court below sentenced to the Defendants (e.g., three years of suspended execution, two hundred hours of community service order and additional collection, 60,941,00 won in one year and six months of imprisonment, three years of suspended execution and two hundred hours of community service order in one year and six months of imprisonment, two years of suspended execution in six months of imprisonment, two years of suspended execution in six months of imprisonment, and two years of suspended execution in six months of imprisonment) are too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following, there is no change in circumstances to consider sentencing after the lower judgment, and considering the various sentencing conditions in the instant records and arguments, the lower court’s sentence is too unjustifiable even if the prosecutor’s assertion as the grounds for appeal against the Defendants is considered as the grounds for appeal against the Defendants.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.