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(영문) 청주지방법원 2018.07.19 2018노207
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment with prison labor for four months and one year of suspended execution) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.

2. In light of the following circumstances: (a) the Defendant had a record of criminal punishment on seven occasions due to the same kind of crime in the past; (b) on November 22, 2016, the Cheongju District Court issued a summary order of KRW 4 million on the charge of violating the Game Industry Promotion Act, which was issued a fine of KRW 1 million; (c) the Defendant committed each of the instant crimes; and (d) it appears that there was no room for the Prosecutor to commit each of the instant crimes; (c) the Defendant’s assertion as an unfavorable sentencing factor at the trial; (d) in light of all the instant crimes, it is against the Defendant’s depth at the time of each of the instant crimes; (e) not only disposed of unregistered game machine after the crime but also did not have the record of being sentenced to a suspended sentence or heavier punishment, the Defendant’s age, sex, environment, health status, and the circumstances after the crime, etc., the judgment of the lower court is too excessive to exceed the bounds of discretion.

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

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