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(영문) 춘천지방법원 강릉지원 2014.08.19 2014노262
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The crime related to illegal game products is the circumstances unfavorable to the defendant, such as the promotion of speculation and the disturbance of people's sound sense of labor, and the necessity of strong punishment is high, and the defendant has already been sentenced to a suspended sentence of imprisonment due to the same act.

However, the court below's punishment against the defendant is too unreasonable in light of the following factors: (a) the defendant led to the confession of the crime; (b) the defendant was aware that it was an illegal game room; (c) the name of the game room was changed to E and demanded several times, knowing that it was an illegal game room; (d) the period during which the defendant participated in the business of the defendant was relatively short; and (e) the defendant appears to have failed to gain particular benefits from the crime of this case; (e) the defendant living in custody for about three months in the instant case; and (e) the defendant's age, occupation, motive, means and consequence of the crime; and (e) the various sentencing conditions

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act, Article 45 Subparag. 4 and Article 32(1)2 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act (the provision of game products different from the classification obtained), and Article 1.

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