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(영문) 대전지방법원 2020.05.20 2019노1744
게임산업진흥에관한법률위반
Text

The judgment below

The part against the Defendants is reversed in entirety.

Defendants shall be punished by a fine of eight million won.

Reasons

1. The sentence of the lower court against the Defendants in summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

2. The judgment of the court below is too unreasonable when considering the defendants' age, character and conduct, health conditions, environment, circumstances after the crime of this case, etc., including the period of operation and size of the game of this case, and the degree of economic benefits obtained through the operation of the game of this case, etc., and all of the sentencing conditions in the records of this case including the defendants' age, character and behavior, health conditions, environment, and circumstances after the crime of this case.

3. In conclusion, the part of the judgment below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the following decision is rendered after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Promotion of Game Industry and the Defendants’ Selection of Punishment: Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and the choice of fines, respectively;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 44 (2) of the Game Industry Promotion Act;

1. The Defendants of collection: Article 44 (2) of the respective Game Industry Promotion Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;

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