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(영문) 대구지방법원 2014.01.16 2013노2658 (1)
게임산업진흥에관한법률위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On August 27, 2013, the Defendant filed an appeal against the lower judgment on August 27, 2013, and submitted a written notification of the receipt of the trial record to the lower court on September 9, 2013, and it is apparent that the Defendant did not submit the grounds for appeal within 20 days from the receipt of the written notification of the receipt of the trial record, and there is no entry in the petition of appeal in the grounds for appeal, and further,

The defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act, but the defendant's appeal shall be dismissed by judgment in addition to the following cases:

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (the imprisonment of 10 months, the suspended sentence of 2 years, the probation, the community service order 240 hours, the confiscation, and the collection) declared by the court below is too uneasible and unreasonable.

B. In light of the size of the Defendant’s instant crime, the degree of participation, circumstances after the crime, etc., the nature of the crime is not weak.

However, the defendant has no record of criminal punishment for the same crime as this case, in addition to the punishment of a fine of three times for another crime.

The defendant is dissatisfing with the mistake of the crime of this case, and has family members who should support the crime of this case.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

C. Thus, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act since it is without merit.

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