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(영문) 춘천지방법원강릉지원 2020.12.24 2020노216
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair form of punishment) and the defense counsel asserted only the “unfair form of punishment” in the grounds for appeal as the grounds for appeal. However, after the deadline for submitting the grounds for appeal, the Defendant added a mistake of fact to the purport that “the Defendant is not the actual owner of the game game of this case

However, this cannot be a legitimate ground for appeal as a argument after the deadline for submitting the statement of grounds for appeal expires. Furthermore, even if the above argument is considered ex officio, the above argument cannot be accepted since an investigation into the actual owner is conducted in accordance with the defendant's argument or evidence consistent with the defendant's argument is not submitted

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

2. The Defendant acknowledges and reflects his mistake.

The defendant is relatively long to operate the game of this case.

On the other hand, the defendant committed the crime of this case even though he had been punished for the suspension of the execution of imprisonment for the same crime.

The crime of this case is highly harmful to society by inducing a speculative spirit and undermining good morals, so it is necessary to strictly punish the crime of this case.

In light of the size of the seized money at the time of crackdown, the defendant seems to have made a considerable profit during the short period.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, the lower court’s sentence does not seem to be too heavy beyond the reasonable scope of discretion.

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

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