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(영문) 대구지방법원 2015.09.03 2015노2209

게임산업진흥에관한법률위반

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All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

In 2011, the Daegu District Prosecutors' Office that was seized.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable, since each of the punishments (No. 1 year and two months of imprisonment, confiscation and collection KRW 59,231,00, KRW 2 million, and KRW 3 million and confiscation) that the decision of the court below rendered by the court below on the summary of the grounds of appeal is too unreasonable

2. We examine ex officio prior to the judgment on the grounds for appeal.

The defendant filed an appeal against the judgment of the court below in the first and second instances, and this court decided to hold a joint hearing of the above two appeals cases. Each of the crimes in the judgment of the court below in the first and second cases is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence by judgment at the same time.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows, after the oral argument.

Criminal facts

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

Application of Statutes

1. Article 44 (1) 1, Article 28 subparagraph 2 of the Act on the Promotion of respective Game Industry, Article 30 of the Criminal Act, Article 44 (1) 2, Article 28 subparagraph 3 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 44 (1) 4, Article 32 (1) 2 of the Criminal Act, Article 30 of the Act on the Promotion of respective Game Industry, Article 45 subparagraph 4, Article 32 (1) 2 of the Criminal Act, Article 30 of the Criminal Act, Article 45 subparagraph 4, and Article 32 (1) 2 of the Act on the Promotion of Game Industry, Article 32 (1) of the Criminal Act, Article 32 (1) of the Criminal Act (a aiding and abetting the storage of game products, different from those classified), and Article 32 (1) of the Criminal Act, each of the choice of imprisonment with labor.