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(영문) 서울남부지방법원 2018.05.25 2018노207
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable (a year of imprisonment with prison labor and confiscation, Defendant B: a fine of three million won).

2. Determination

A. The fact that Defendant A was divided by mistake and reflected by Defendant A is favorable to the Defendant.

However, the Defendant committed the instant crime during the period of repeated crime, which was in the second and second months after the completion of the execution of imprisonment with prison labor for the same crime, and the Defendant committed the instant crime on the pretext of a nominal representative, and the Defendant committed the instant crime on the ground of a majority of criminal punishment records and arguments. In full view of the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, occupation, and environment, etc., the sentence imposed by the lower court on the Defendant is deemed appropriate, and is too unreasonable, and thus, the Defendant’s assertion is groundless.

B. Defendant B is a favorable condition for the Defendant to the point that the Defendant’s mistake was divided and reflected, and that the Defendant did not have the same criminal record.

However, the defendant lent his name to the defendant A so that the defendant can commit the crime related to the illegal game site, and the nature of the crime is not weak. In full view of all of the circumstances before and after the crime of this case, the defendant's age, sexual behavior, occupation and environment, etc., the sentence imposed by the court below is judged appropriate, and it is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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