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(영문) 수원지방법원 2014.04.11 2014노771

게임산업진흥에관한법률위반방조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The District Prosecutors' Office of Grade 1 through 9 that has been seized.

Reasons

Summary of Grounds for Appeal

The sentence of one-year imprisonment sentenced by the court below is too unreasonable.

Judgment

The Defendant is in profoundly against the instant crime.

The substance of the case was revealed by actively stating the participants and operating methods with respect to the illegal business of the game of this case.

In light of the fact that there are no previous departments and criminal offenders, the sentence of imprisonment with prison labor for one year sentenced by the court below is too heavy, considering the sentencing factors against the defendant, which are disadvantageous to the defendant as decided by the court below.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts under Article 44 (1) 1 and Article 28 subparagraph 2 of the relevant Act on the Promotion of Game Industry, Article 32 (1) of the Criminal Act, Article 45 subparagraph 4 and Article 32 (1) 2 of the Act on the Promotion of Game Industry, Article 32 (1) of the Criminal Act, Article 32 (1) of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 1 of the Act on the Promotion of respective Game Industry, Article 32 (1) of the Criminal Act, Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., Article 32 (1) of the Criminal Act, Article 44 (1) 2 and Article 32 (1) of the Act on the Promotion of Game Industry, Article 32 (1) of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 2 of the Act on the Promotion of Game Industry, and Article 32 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Legal provisions;