게임산업진흥에관한법률위반등
Defendant
All appeals by prosecutors are dismissed.
1. As to the punishment sentenced by the court below (one year and ten months of imprisonment), the defendant asserts that the prosecutor is too unfied and unfair as it is too unfied.
2. Where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its reasoning, determined the Defendant’s punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant.
Defendant
In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the lower court, and the details that the Defendant repaid to the victim L/W in the trial of the lower court, and the written application for the penalty of the victim L/R was re-written, but it is difficult to view this as a new change in circumstances that could change
When comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines, as shown in the deliberation and arguments of the court below and the party concerned, it cannot be deemed that the sentence of the court below is too heavy or unreasonable because it exceeds the reasonable scope of discretion.
3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.