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(영문) 창원지방법원 2016.02.04 2015노2730
게임산업진흥에관한법률위반
Text

Defendant

C Of the lower judgment against C, the part of the 2015 High Order 1431 case No. 2 and 3 of the lower judgment shall be reversed.

Defendant

C.

Reasons

1. Summary of grounds for appeal;

A. Defendant A misunderstanding the fact that Defendant A 1 was an employee of the head of the game room L in the original city. However, the judgment of the court below which recognized Defendant A as an unemployment of the head of the above game room was erroneous by misunderstanding the fact and adversely affecting the conclusion of the judgment.

The argument is asserted.

2) Defendant A asserts that the sentence of punishment pronounced by the lower court (one hundred months of imprisonment) is too unreasonable.

B. Defendant C1) Mental and physical weakness (the part of the case No. 2 and 3 in 2015 order 1431) Defendant C was in a state of mental and physical weakness under the influence of alcohol at the time of committing a crime against Q and R

The argument is asserted.

2) Defendant C asserts that the sentence imposed by the lower court (the crime of the 2015 order 1115 order and the 1431 order order 2015 order : imprisonment with prison labor for 6 months and 2 years in the 2015 order 1431 order : imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. An ex officio judgment (the part concerning the 2, 3th order of 2015 High order of 1431 case as to Defendant C), among the crimes as to the 2, and the part concerning the 3th order of 2015 High order of 1431 case as indicated in the judgment of the court below, the "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" was "special injury", and the "Article 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act," in the applicable law, "Article 258-2 (1) and Article 257 (1) of the Criminal Act, was applied to the prosecutor, and the court was changed to this effect, and thus, the part of the case against Defendant C was no longer maintained.

However, even if there are the above reasons for reversal ex officio, Defendant C’s argument of mental and physical weakness is still subject to the judgment of this court, and this is examined below.

3. Defendant A’s part

A. Judgment on the assertion of mistake of facts 1) The summary of this part of the facts charged is illegal to K.

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