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(영문) 울산지방법원 2013.11.08 2013노581
게임산업진흥에관한법률위반
Text

1. Of the judgment of the court below of first instance, the part on Defendant V, X, and the judgment of the court below of second instance, Defendant X-.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant's profit from the crime of this case is 50,000 won per day, the court below collected profits from the crime of this case 1 as stated in the judgment of the court below 26 million won (52 million won x 1/2) by the statement of the investigation agency of the defendant 5, and 20 million won (60 million won x 1/3) in relation to the second crime as stated in the judgment of the court below as stated in the judgment of the court below. The judgment of the court below is erroneous in the misapprehension of facts as to the scope of additional collection, which affected the conclusion of the judgment. 2) The defendant alleged in the judgment of the court below as to the judgment of the court below 2, 200 million won (60 million won x 1/3) by paying money to the defendant 1, and there was no conspiracy to conduct sexual traffic with Gap, or there was no fact that the defendant in the judgment of the court below as to the defendant 3, 2000 won, by lending the name of V and X.

3) The prosecutor (the part concerning Defendant BD among the judgment of the court below of the third instance) did not confiscate the cash referred to in No. 8, and according to the evidence submitted by the prosecutor, it can be acknowledged that Defendant BD was in custody for the purpose of providing the said cash for the exchange. Therefore, the court below's decision of the third instance is erroneous in not sentencing even though the said cash constitutes the subject of confiscation. However, in light of the overall circumstances of Defendant V of this case, the court below's decision of the first instance court's sentence (one year, confiscation, additional collection, 46 million won, etc.) is too unreasonable.

2) In light of the overall circumstances of Defendant X, the sentence imposed by the lower court (the first instance judgment: 10 months of imprisonment, confiscation, additional collection 20 million won, additional collection 20 million won: imprisonment 10 months, additional collection 26 million won, and additional collection 26 million won) on the Defendant is too unreasonable. 3) In light of the overall circumstances of this case, Defendant AZ, Defendant BA, and Defendant BB, the lower court sentenced the Defendants to eight months of imprisonment.

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