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(영문) 수원지방법원 2019.07.05 2019노1037
게임산업진흥에관한법률위반등
Text

The part on the defendant and the second judgment of the court of first instance shall be reversed.

Defendant shall be punished by imprisonment for a period of one year and four months.

Reasons

1. The sentence (one year of imprisonment with prison labor for the first instance and six months of imprisonment with prison labor for the second instance) declared by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The Defendant filed an appeal against the entire judgment of the lower court, and the appellate court decided to jointly deliberate on each of the above appeals cases.

However, the crime of the first and second original judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and at the same time, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed among the judgment of the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act and the judgment of the court of second instance on the defendant's allegation of unfair sentencing is reversed, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to the records in each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 2, Article 32 (1) 1, Article 30 of the Criminal Act, Article 44 (1) 2, Article 32 (1) 7 of the Act on Promotion of Game Industry, Article 32 (1) 1 of the Criminal Act, Article 30 of the Criminal Act, Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning Criminal Facts, Article 30 of the Criminal Act, Articles 45 (4) and 332 (1) 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 45 (1) 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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