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(영문) 인천지방법원 2017.11.02 2017노3257
게임산업진흥에관한법률위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The grounds for appeal by the prosecutor are the reasons for appeal by the defendant that the punishment prescribed by the court of the original instance (one hundred months of imprisonment) is too unreasonable, and that it is too uneasible and unfair.

2. The judgment seems to have led to the confession and reflect on the crime.

There is a difficult economic situation and there is a situation in which it is difficult to support the old parents.

However, the criminal liability of the defendant is not against the law.

In order to avoid the crackdown, it was committed again despite the occurrence of the same kind of crime, and even after the suspension of execution was imposed, it was committed again (see, e.g., that the community service order was fulfilled).

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, comprehensively taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the situation before and after the crime, the sentence of the court below is too somewhat minor and excessively heavy.

3. In conclusion, the grounds for appeal by the defendant and the prosecutor are not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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