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(영문) 서울서부지방법원 2018.02.01 2017노1398

게임산업진흥에관한법률위반등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence against the Defendants of the lower court (Defendant A: 2 years of suspended execution for one year of imprisonment; 200 hours of community service order, confiscation, additional collection, 70,758,50 won; 3 years of suspended execution for two years of imprisonment; 200 hours of community service order, confiscation, additional collection, 231,708,00 won) is deemed unreasonable.

B. The Defendant A’s sentence is too unreasonable.

2. Determination

A. The period of each of the instant offenses against Defendant A and the Prosecutor’s each of the instant offenses against Defendant A is not shorter than one year, and the profit therefrom is not less than 72 million won, and the fact that the Defendant received an account under the name of another person and received money in the said account and pretended to be acquired the proceeds of the crime once, and the same criminal record is two times, etc. are disadvantageous.

On the other hand, the fact that Defendant A confessions all of the crimes of this case and reflects his mistake, and that the same kind of criminal record is both fines is favorable.

In full view of various sentencing conditions shown in the instant pleadings, such as the above circumstances and other circumstances, Defendant A’s age, sexual conduct, environment, the process and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court to Defendant A cannot be deemed to be excessive, too heavy, or unfair because it is too low. Therefore, each of the unlawful arguments in sentencing by Defendant A and the prosecutor are without merit.

B. It is recognized that the period of the instant crime against Defendant B by the prosecutor regarding the prosecutor’s wrongful argument of sentencing is about four years, and that the proceeds therefrom are about KRW 265 million, and that a single blood program was distributed.

However, all of the crimes of this case were led to the pleadings of this case, such as the confession of Defendant B and reflects his mistake, the fact that there was no previous conviction or punishment for the same kind of crime, and the defendant's age, sexual conduct, environment, the process and result of the crime of this case, and the circumstances after the crime.