게임산업진흥에관한법률위반
All appeals by the Defendants are dismissed.
1. The decision of the court below against the defendants in summary of the grounds for appeal (the imprisonment of eight months for the defendants A, the imprisonment of ten months for the defendants A and the additional collection of 6.5 million won for the defendants D) is too unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect
(Supreme Court Decision 2015Do3260 Decided July 23, 2015). As to the instant case, there are circumstances that may be considered in the sentencing of the Defendants in light of the following: (a) health care team; (b) the Defendants recognize and reflect all of the crimes; (c) the period of the crimes is not long; (d) Defendant A’s health is not good; and (e) Defendant D is going to marriage.
However, Defendant A committed the instant crime again during the period of the suspension of the execution of imprisonment, even though he/she was sentenced to a fine for the same crime only once, and each of the two instances of the suspension of the execution of imprisonment, Defendant D again committed the instant crime by being sentenced to a fine for the same crime twice, Defendant D committed the instant crime by being sentenced to the suspension of the execution of imprisonment, and again committed the instant crime by being sentenced to a criminal escape, and the nature of the crime is bad, and all of the sentencing conditions indicated in the instant records and arguments, including the Defendants’ age, environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc., do not seem to have exceeded the reasonable limit of discretion.
Therefore, as long as there is no data newly discovered in the trial, the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.
3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.