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(영문) 부산지방법원 2017.11.17 2017노2744

게임산업진흥에관한법률위반방조

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment is too unreasonable as it is too unreasonable (in 7 months, the Defendant withdrawn the assertion of mistake as to the facts on the trial date of the third trial of the first instance court). 2. The circumstances, such as the Defendant’s misjudgments the Defendant’s mistake on the trial date of the third trial of the first instance court, the Defendant’s delay in the sixth grade, and the Defendant’s assistance at the request of F, the same disabled person, are considered.

However, even though the Defendant had been punished three times for crimes such as the operation of an unauthorized speculative game site and exchange, the Defendant committed the instant crime during the period of the same repeated crime, and the content thereof is also actively attempted to destroy evidence of F in preparation for the crackdown on investigation agencies, and thus, the nature of the crime is not good.

In addition, considering the various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., the sentence of the court below cannot be deemed unfair because it is too large.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

참조조문