(영문) 창원지방법원 2015.09.10 2015노1389 | 리걸엔진

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(영문) 창원지방법원 2015.09.10 2015노1389

게임산업진흥에관한법률위반등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (two years of suspended sentence for one year of imprisonment and one hundred and sixty hours of community service) is too unreasonable.

2. The Defendant: (a) issued a summary order of KRW 7 million due to a violation of the Game Industry Promotion Act in around 2008; (b) committed the instant crime more than three times in six months of imprisonment with prison labor for a violation of the Game Industry Promotion Act in 2010; (c) even though he had been sentenced two years of suspension of execution; (d) probation and community service hours for up to 80 hours; (c) planned or led the instant crime in advance, such as operating a game site on the ground of its branch office; (d) the crime related to illegal game products is committed against ordinary people; (e) the total society is not harmful; (e) the total game site is large; (e) the large number of games games are large; and (e) even according to the sentencing guidelines of the Sentencing Committee, the Defendant established the “violation of the Game Industry Promotion Act due to Exchange of Game Products” among the instant crimes as basic crimes; and (e) deemed that the crime constitutes a case where multiple persons committed a crime by sharing the role of organization and led or play an essential role in planning or implementation, the sentence is inevitable.

Considering the fact that the defendant recognized his mistake and reflects the defendant's family, there are family members to support the defendant's family, etc. in favor of the defendant.

Even if the sentence imposed by the court below is deemed unfair, it is deemed unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the following is ruled again.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court, as well as the case.

참조조문

-형사소송법 제364조 제6항

유사 판례

-창원지방법원 2015.9.10.선고 2015노1389 판결

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