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(영문) 대전지방법원 2016.08.25 2016노1799

게임산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The fact that the Defendant made a confession of the instant crime and reflects his mistake is favorable to the Defendant.

However, in the case of the crime of violation of the Act on the Promotion of the Game Industry of this case, there is a need to strictly punish a crime that causes an excessive speculative spirit and harms good morals, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentencing against the defendant is deemed not to have exceeded the reasonable limit of discretion, and thus, it is unreasonable for the court below's sentence against the defendant to be too unreasonable, and therefore, the defendant's argument of sentencing is without merit.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 200Da3642, Apr. 1, 200). It is so decided as per Disposition, since the summary of the evidence in the judgment below is obvious that “H” No. 10, supra, is a clerical error in “G” and thus, it is corrected ex officio pursuant to