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(영문) 부산지방법원 2014.04.03 2014노330
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment for one year with prison labor for the crimes Nos. 1 and 2 of the decision of the court below.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the imprisonment of one year and two years for the crimes No. 1 and 2 in the original judgment, and the imprisonment of ten months for the crimes No. 3 in the original judgment and confiscation) is too unreasonable.

Judgment

In light of the following circumstances: (a) the Defendant’s speculative game room operated by the Defendant was put into the suspicion of fluoral income from games and fluoral income; (b) causing home blasting and reducing his desire to work; and (c) the need to punish the Defendant is high; (d) the Defendant was extremely poor in the quality of the crime, such as attempting to avoid punishment on the ground of his branch office; and (e) the Defendant was punished for the same kind of crime; (c) the Defendant was against the Defendant’s disadvantage; (d) the Defendant committed the instant crime; (e) the Defendant’s confession of all the instant crime; (e) the crime finalized against the Defendant and the first and second crimes committed by the lower court were judged simultaneously; and (e) other circumstances, such as the motive and circumstances leading up to the instant crime; (e) the circumstances after the crime; (e) the Defendant’s age; and (e) the Defendant’s character and behavior; and (e) the sentencing conditions specified in the instant records

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Promotion of the Game Industry, Articles 44 (1) 2, 32 (1) 1 and 7 of the Act on the Selection of and Punishment for Criminal Crimes, Article 30 of the Criminal Act (the point of using and exchanging game products not rated), Articles 151 (1), 30, 31 (1) of the Criminal Act, and Article 31 (1) of the Criminal Act;

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