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(영문) 수원지방법원 2019.09.25 2019노3263
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (ten months of imprisonment, three years of suspended sentence, three years of probation, and community service order) is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following: (a) there is no significant change in the conditions of sentencing compared to the lower court’s given that there is no particular submission of new sentencing data in the trial; and (b) the sentencing grounds (in particular, there are many criminal convictions and several times of punishment for the same kind of crime) revealed in the course of the argument in the instant case, the lower court’s sentencing is too excessive, and thus, cannot be said to have exceeded the reasonable scope of discretion.

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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