게임산업진흥에관한법률위반
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 30,000,000.
Defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and eight months of imprisonment) is too unreasonable.
2. The judgment of the accused has a record of criminal punishment three times for the same crime, and the suspended sentence was finalized on May 20, 2016 for the same crime, and the crime of this case was committed again during the suspended sentence.
However, it appears that the period of crime is short, and there is no profit from the crime of this case. The crime of this case appears to have been detained for more than eight months, and it appears that the mother was dead during the period of detention, and that the mother was unable to abide by the end of the period of detention, and that the possibility of re-offending has significantly decreased, considering that the decision to revoke detention was considerably re-explodedd after the revocation thereof.
In light of the following facts: (a) in the instant case where a sentence of imprisonment is finalized upon the sentence of this case, the sentence of the said suspended sentence shall be sentenced to imprisonment for up to two years, which has been invalidated and suspended after the sentence of the said suspended sentence is imposed; and (b) in such a case, the sentence of the lower court is deemed to be unreasonable because it is too unreasonable in light of the content of the previous crime of the said suspended sentence and the balance between the punishment for the instant crime and the accomplices; (c) Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.
3. Accordingly, the defendant's appeal is with merit, and the part of the judgment of the court below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows after pleading.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Article 44 (1) of the Act on the Selection of Punishment and Promotion of Game Industry;