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(영문) 부산지방법원 2019.10.24 2019노2433
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and three months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260). The lower court determined a punishment in consideration of the following: (a) the Defendant, despite having been punished by a fine of KRW 5 million due to the same criminal act, did not know himself/herself, led other employees in the above game site; and (b) the Defendant denied a criminal act by an investigative agency; and (c) the Defendant committed a crime in the court of the lower judgment upon the denial of the criminal act; (d) the Defendant’s monetary details immediately after the game site was controlled, the Defendant’s statement made by the investigative agency,

Considering the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc. as revealed in the oral arguments at the lower court and the party hearing, the sentence imposed by the lower court is not hot, as it takes place within the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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