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(영문) 대전지방법원 2020.02.05 2019노3205
게임산업진흥에관한법률위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 6 months, and imprisonment with prison labor for 6 months: 6 months) that the court below rendered against the defendant is too unreasonable.

2. As the judgment of the first instance court and each of the judgments of the second instance court appealed by the defendant and the prosecutor appealed in the trial court, each of the crimes of the first and second judgment against the defendant became concurrent crimes under the former part of Article 37 of the Criminal Act.

In such cases, Article 38 of the Criminal Code should be ruled simultaneously and sentenced to one punishment, so the judgment of the first and second court can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the first and second original judgments. Thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 1, Article 28 subparagraph 2, Article 44 (1) 2, Article 32 (1) 7, Article 30 of the Criminal Act, Articles 347 (1) and 32 (1) of the Criminal Act, Articles 347 (1) and 32 (1) of the Criminal Act concerning criminal facts, Articles 44 (2), 44 (1) 2, and 32 (1) of the Act on the Promotion of the Game Industry

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The rationale for sentencing under Articles 32(2) and 55(1)3 of the Criminal Act for mitigation of assistance and mitigation is that the Defendant’s opposition to the fact that he/she is committed in the course of committing the crime is favorable to the Defendant.

The defendant commits another same kind of crime even though he/she had been punished twice due to the crime related to the game room, and withdraws and delivers the amount of damage from the crimes of Bosing.

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