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(영문) 인천지방법원 2015.12.16 2015노3585

게임산업진흥에관한법률위반

Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendants shall be punished by imprisonment for one year.

(b).

Reasons

1. The summary of the grounds for appeal is too unreasonable for the lower court to punish the Defendants.

2. In full view of all the sentencing conditions shown in the instant judgment records and arguments, the lower court’s punishment against the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are the same as the stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles of the Act on the Promotion of Game Industry and the selected Defendants of the punishment: Articles 44 (1) 2 and 32 (1) 7 of the same Act, Article 30 of the Criminal Act;

1. Defendant B among repeated crimes: Article 35 of the Criminal Act;

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act);

1. Defendant A: Article 48(1) of the Criminal Act, Article 44(2) of the Game Industry Promotion Act, Defendant B: Article 48(1) of the Criminal Act;

1. Defendant A: Article 44 (2) and (3) of the Game Industry Promotion Act, Article 10 (1) and Article 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;