beta
(영문) 대법원 2019.09.09 2019도9360

게임산업진흥에관한법률위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the part of the first instance judgment ordering an additional collection of KRW 148,00,000 against the Defendant, and did not sentence an additional collection, considering that the Defendant’s criminal proceeds cannot be specified.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by misapprehending the legal doctrine on additional collection under Article 44(2) of the Game Industry Promotion Act and Article 48(1)2 and (2) of the Criminal Act.

On the other hand, the prosecutor did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

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