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(영문) 광주지방법원 2017.05.17 2017노1218

게임산업진흥에관한법률위반

Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A is too inappropriate.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. Considering the fact that Defendant A again committed the instant crime even though he/she had committed the same kind of criminal records at several times, strict punishment against Defendant A is required.

However, considering the conditions of sentencing specified in the argument of this case, such as the fact that Defendant A is divided into his mistake, the period of the crime, the age, sexual conduct and environment of Defendant A, the motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below on Defendant A is deemed appropriate and is too heavy or unreasonable. Thus, the above argument by Defendant A and the prosecutor is without merit.

B. In full view of the various matters and the applicable sentences that are the conditions of sentencing in Defendant B and C trial, the lower court’s judgment on Defendant B and C is deemed to belong to the reasonable scope of discretion, and there is a change in the conditions of sentencing when it comes to the final trial.

Considering the fact that it cannot be seen, the prosecutor’s above assertion is without merit, since the lower court’s punishment is too unfilled and unreasonable.

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