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(영문) 대구지방법원 2015.10.15 2015노2137
게임산업진흥에관한법률위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Nos. 1 through 10 of seized evidence.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is unfair because each punishment (the first judgment: imprisonment for 8 months and confiscation; imprisonment for 6 months and 6 months: imprisonment for 6 months) that the court below made by the court below on the summary of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

As to the judgment of the court below in the first, second, and third cases, the defendant filed an appeal respectively, and this court decided to consolidate the above cases of appeal, and each of the crimes in the judgment of the court below in the first, second, and third cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence by judgment at the same time.

In this respect, the judgment of the court below is no longer maintained.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, after the oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, subparagraph 4 of Article 45, Article 32 (1) 2 (a) of the Act on the Promotion of the Game Industry Selection and Punishment (the point of providing game products that are different from the rated contents), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, each of the choice of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act concerning the violation of the Game Industry Promotion Act due to exchange of the result of using the most severe game products: Provided, That the lowest sentence of punishment shall be set forth;

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