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(영문) 대구지방법원 2014.10.31 2014노2541
게임산업진흥에관한법률위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of two years and six months, confiscation, additional collection of 11 million won) of the lower court is too unreasonable.

2. The crime of this case is recognized that the crime of this case is not likely to cause serious social harm, such as promoting the gambling spirit of the people and impairing the awareness of sound labor, etc., and the Defendant, even though having been sentenced twice to punishment for the same crime, was committed in the same kind of crime, may also be criticized during the period of repeated crime.

However, the fact that the defendant led to the confession and reflect of the crime, the period of the crime is not about 15 days, and all the games installed in the game of this case at the time of crackdowns are confiscated and collected as well. In full view of the number of the game of this case and the scale of the game of this case illegally altered and provided for business, earnings, and other circumstances, including the defendant's age, character and conduct, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is somewhat inappropriate.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44(1)1 and Article 28 subparag. 2 of the Act on the Promotion of the Game Industry Selection and Punishment of Criminal Facts, Article 30 of the Criminal Act, Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 45 of the Criminal Act, Article 45 of the Game Industry Promotion Act.

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