게임산업진흥에관한법률위반
All appeals by the Defendants are dismissed.
The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the sentence of Defendant A: 2 years of suspended sentence in October; the community service order of 120 hours; and the fine of 4 million won in case of Defendant B) is too unreasonable.
Judgment
Although the Defendants made a confession of the entire crime, the crime in this case is against the public’s social harm, such as promoting a speculative spirit and impairing the awareness of sound labor, etc. In the case of Defendant A, the degree of participation in the crime is heavy, the Defendant’s punishment against the above Defendant is within the scope of sentence recommended in the sentencing guidelines, and other various circumstances that form the conditions of sentencing as shown in the records and arguments, the lower court’s punishment is too excessive and unreasonable. Therefore, the Defendants’ assertion is without merit.
Therefore, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 30 of the pertinent Act on the criminal facts against Defendant A, among the application of the law of the court below, is clearly a clerical error under Article 30 of the Criminal Procedure Act. Thus, the Defendants’ appeal is ex officio correction in accordance with Article 25(1) of the Criminal Procedure Act.