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(영문) 대법원 2015.09.10 2015도9995

게임산업진흥에관한법률위반

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court of first instance, it is just that the court of first instance ordered forfeiture of No. 5 (70 game machine) as stated in the judgment of the court of first instance, and there is no error by misapprehending the legal principles on forfeiture.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where a fine of three million won and a confiscation sentence has been imposed on the defendant, the argument that the sentencing of the sentence

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.