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(영문) 광주지방법원 2013.03.20 2013노58

게임산업진흥에관한법률위반

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All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (a fine of KRW 15 million) that the court below sentenced the Defendants to the Defendants is too unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. The judgment of Defendant A had a record of being sentenced to suspended sentence one time for the same crime, one time for suspended sentence, and one time for fine for the same crime. Defendant B was sentenced to two years of imprisonment for the same crime on September 9, 201 and sentenced to two years of suspended sentence on November 3, 201, which became final and conclusive on September 9, 201, and committed the instant crime despite the period of suspended sentence. In addition, Defendant A had a record of being sentenced to one time of suspended sentence and one time of fine for the same crime. The instant crime committed by the Defendants conspired to provide illegal game products and exchanged the results obtained using illegal game products with excessive speculative spirit to the general public, which is disadvantageous to the general public. The Defendants were committed against the Defendants, and the Defendants were deemed to have committed a crime in favor of the general public.

In full view of such circumstances as the Defendants’ age, character and conduct, environment, the process and motive leading up to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too heavy or is deemed unreasonable as it is deemed that the Defendants and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the Defendants and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.