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(영문) 수원지방법원 2014.06.30 2014노1850
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal, the record reveals that the Defendant, on August 9, 2012, was sentenced to a suspension of the execution of two months on August 17, 2012, on the grounds of a violation of the Game Industry Promotion Act from the Sejong District Court’s Eunpyeong Housing Site Board, and the judgment became final and conclusive on August 17, 2012. As such, in relation to a concurrent crime under the latter part of Article 37 of the Criminal Act, the crime of violation of the Game Industry Promotion Act and the crime of violation of the Game Industry Promotion Act shall be determined after considering the equity in the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and considering the mitigation or exemption of the sentence. Since the lower court omitted such measures,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is made through oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the addition of “the defendant’s oral statement” to the summary column of the evidence, and thus, it is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of

Application of Statutes

1. Article 45 subparagraph 4 of the relevant Act on the Promotion of Game Industry, Article 32 (1) 2 of the Criminal Act, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, the selection of imprisonment with prison labor, each of whom is to be sentenced;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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