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(영문) 서울중앙지방법원 2015.07.17 2015노596

게임산업진흥에관한법률위반등

Text

[Defendant A]

1. The part against Defendant A among the judgment of the court of first instance and all the judgment of the court of second instance are reversed.

2...

Reasons

1. Summary of grounds for appeal;

A. Part 1 on Defendant A of the lower court’s collection of additional charges against Defendant A of mistake of fact and misapprehension of legal doctrine is excessively calculated and unfair.

B) According to the evidence submitted by the prosecutor of mistake of facts, each of the lower judgment’s punishments against the Defendant is too unreasonable and unreasonable. (2) According to the evidence submitted by the prosecutor of mistake of facts, each of the lower judgment’s punishments against the Defendant of unreasonable sentencing can be sufficiently recognized. (B) The sentence of each lower court on the Defendant of unfair sentencing is too unjustifiable

B. The part on Defendant B against Defendant B: The lower court’s respective sentence against the Defendant is too unreasonable because it is too unreasonable to impose each sentence on the Defendant.

2. Determination

A. Part 1 concerning Defendant A is examined ex officio prior to the judgment on the grounds of appeal by the Defendant A and the Prosecutor. This court tried by combining each appeal by each of the lower court decisions against the Defendant. Since each combined crime is in a concurrent relationship under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of punishment aggravated for concurrent crimes in accordance with the precedent under Article 38(1) of the Criminal Act. Therefore, the part against the Defendant among the first instance judgment which rendered two punishments against the Defendant, and the second instance judgment cannot be maintained in entirety. However, even though the above reasons for reversal of facts and the Prosecutor’s assertion of misunderstanding of legal principles are still subject to the judgment by this court, the lower court’s determination on the grounds of mistake of facts and misapprehension of legal principles are examined. 2) The general legal doctrine and the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”).

The purpose of collection under Articles 8 through 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment which are applied mutatis mutandis pursuant to Article 4(3) is to deprive him of unlawful profits and prevent him from holding it.