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(영문) 대구지방법원 2016.10.19 2016노3347
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment, confiscation, collection 9750,00 won) is too unreasonable.

2. It is recognized that the Defendant, while making a confession of all crimes, has divided his mistake, and the punishment should be imposed in consideration of equity in the case where each of the crimes of this case is adjudicated simultaneously with the crime of this case, etc. for which judgment has become final and conclusive.

However, as in the instant case, the act of providing game products with contents different from the contents of the rating classification and exchanging the result obtained through the use of the game products in cash is serious harm to the society by encouraging a speculative spirit among the general public, thereby hindering sound sense of work, and thus, it is necessary to strictly punish the Defendant. The Defendant has the record of fines, suspension of execution, and punishment, and the same crime has been punished several times in multiple times. Considering the size of each game of this case, the period of business, profits, and the amount of each game of this case, the Defendant’s age, character and conduct, environment, the motive, means and consequence of each crime of this case, and the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, from among the judgment below, it is apparent that the 2015. 57 of the 2016. Modern District Office of the Daegu District Prosecutors' Office was a clerical error in the 2016. 57 of the 2016. 201. Then, the correction is made ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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