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(영문) 울산지방법원 2013.09.27 2013노421
게임산업진흥에관한법률위반등
Text

The part concerning the Defendants among the judgment of the court below and the judgment of the court of first instance, and Defendant C among the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of this case by Defendant C, the punishment of each judgment of the court below (the first judgment: imprisonment for August, the second judgment: imprisonment for April, the third judgment: the fine of KRW 5 million: the fine of KRW 5 million) is too unreasonable.

B. In light of the overall circumstances of Defendant A’s instant case, the imprisonment (eight months) of the judgment of the second instance is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the case of this court 2013No421, which is the appeal case against the judgment of the court of first instance, the case of this court 2013No681, which is the appeal case against the judgment of the court of second instance, and the case of appeal against the judgment of the court below 2013No686, which is the appeal case against the judgment of the court of second instance, were consolidated in the proceedings of the first instance. Each of the offenses committed against Defendant C is in a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated under Article 38(1) of the Criminal Act. Accordingly, each of the judgment of the court below is no longer maintained.

In addition, among the judgment of the court below of the second instance, the defendants' violation of the Act on the Promotion of Game Industry and the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. should be applied to concurrent crimes. However, the court below imposed an excessive punishment on concurrent crimes, which affected the conclusion of the judgment.

Therefore, the judgment of the second court is no longer maintained in this respect.

3. If so, the judgment of the court below is based on the above grounds for reversal of authority. Thus, without examining the Defendants’ assertion of unfair sentencing, Article 364(2) of the Criminal Procedure Act, the part against the Defendants among the judgment of the court of first instance, the judgment of the court of second instance, and the part against Defendant C among the judgment of the court of third instance are reversed,

Punishment of the crime

1. Criminal facts of the judgment of the court below Nos. 1 and 2 [criminal records].

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