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(영문) 수원지방법원 2019.11.22 2019노4371
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of 500,000 won) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). No change exists in the conditions of sentencing compared to the original judgment because any particular new sentencing data is not submitted in the trial of the competent court. In full view of all of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the Defendant committed the instant crime even when he/she was suspended from indictment on the grounds of the same kind of crime in around 2017), the lower court’s sentencing is too unreasonable, and thus, cannot be deemed to have exceeded 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 it is without merit.

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