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(영문) 수원지방법원 2019.05.31 2018노7830
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not offer free gifts exceeding KRW 5,000, inasmuch as he purchased CA-870 at a price not exceeding 5,000 per dog and offered as free gifts.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s judgment as in the trial, and the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the circumstances acknowledged in accordance with the evidence duly adopted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the defendant, as otherwise alleged by the defendant.

B. According to the instant argument and record on the assertion of unfair sentencing, the lower court appears to have made an adequate decision by fully considering the grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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