beta
(영문) 수원지방법원 2017.09.29 2017노2745

게임산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of suspended execution, surveillance of protection, community service order 120 hours, confiscation) on the summary of the grounds of appeal is too unreasonable.

2. In the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under the circumstances unfavorable to the Defendant, takes into account (i) the fact that the instant crime is highly harmful to society, such as promoting a speculative spirit and impairing sound labor awareness, etc.; (ii) considering the favorable circumstances, (iii) recognizing and opposing one’s mistake; (iv) the period of business is less favorable; (iii) there is no history of having been punished for the same kind of crime; and (iv) there is no history of having been punished for the same crime; and (v) considering the fact that the lower court’s sentencing was determined against the Defendant, even if comprehensive consideration of all the conditions of sentencing specified in the instant case including the above conditions of sentencing and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, and there are no special changes in the lower judgment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.