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Reasons
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(영문) 전주지방법원 2016.11.17 2016노998
게임산업진흥에관한법률위반
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The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 15,000,00, and by a fine of KRW 7,000,000.

Reasons

1. The main point of the grounds for appeal is that the sentence against the Defendants (the Defendant A: imprisonment of August, the Defendant R: imprisonment of six months, and confiscation) of the lower court is too unreasonable.

2. We examine ex officio the Defendants’ grounds for appeal prior to the determination of ex officio.

In the first instance trial, the prosecutor applied for the amendment of the indictment with the contents of the indictment as stated in the annexed indictment after changing the facts charged, and since this court permitted this, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Punishment of the crime

Attached Form

As stated in the facts charged after the amendment.

Summary of Evidence

1. Defendants’ oral statement at each trial

1. Each prosecutor's interrogation protocol of T or M;

1. Each letter of authorization by G, H, I, J, K, L, M and U;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of field photographs), each investigation report (report on the exchange of games with customers);

1. The Defendants of the relevant criminal facts and the choice of punishment: Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act; Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act; Article 30 of the Criminal Act; the selection of fines;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

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

1. Confiscation Defendant R: Article 44(2)(No. 1, 8, 9, and 10) of the Game Industry Promotion Act and Article 48(1)1(No. 7) of the Criminal Act recognize and reflects the instant crime; Defendant R’s illegal game room.

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