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(영문) 창원지방법원 2020.01.22 2019노1829
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with labor for up to 10 months) by the lower court are too unreasonable;

2. The lower court rendered a sentence by comprehensively taking account of the following circumstances: (a) the social harm caused by the act related to the exchange of game products, such as the instant crime, such as the Defendant’s confession and reflective nature; (b) the criminal records of the same kind, including the suspension of the execution of imprisonment, committed a crime during the suspension of the execution of imprisonment; and (c) the fact that the Defendant has fled for a long time; and (d) other circumstances indicated in the trial and records, including the Defendant’s age, career, character and conduct, environment, size and period of the crime;

In addition to the above sentencing conditions, even if considering the favorable circumstances in favor of the defendant that the defendant's prior wife against the defendant, in light of the circumstances after the crime, such as the defendant's recidivism during the suspended execution period due to the same kind of crime and the defendant's escape for a long time and hindering the progress of the criminal justice procedure, it is reasonable that the court below's punishment was made within the reasonable scope of discretion.

Therefore, the defendant's assertion is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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