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(영문) 전주지방법원 2016.04.01 2015노1330

게임산업진흥에관한법률위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment and three years of suspended sentence), the Defendant asserts that the prosecutor is too unfasible and unfair.

2. The judgment that the defendant recognized the crime of this case, that the defendant has no record of criminal punishment heavier than the fine, and that the family and branch members of the defendant want to have the prior wife against the defendant, etc. are favorable to the defendant.

On the other hand, in light of the fact that the crime of this case is highly harmful to society, such as promoting an excessive speculative spirit and impairing sound labor awareness, and there is a need for strict punishment for the crime of this case, and the fact that the defendant committed the so-called "the president of the branch president" to avoid crackdown and punishment, etc., the nature of the crime is not good, and that there was a record of the suspension of indictment due to the same crime is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is deemed to be adequate, too heavy, or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. If so, the appeal by the defendant 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.