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(영문) 울산지방법원 2016.10.21 2016노810
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the evidence submitted by the prosecutor alone did not prove the fact that the defendant exchanged game results on the date of the crime stated in the facts charged of this case without any reasonable doubt, and thus, the court below found the defendant not guilty of the facts charged of this case. However, in full view of the fact that the customer H exchangeds in the game site of this case from the investigative agency to the court below to the court below, the defendant can sufficiently recognize the fact that the defendant exchanged game results on the date stated in the facts charged of this case, taking into account the quantity of electricity consumed on the date stated in the facts charged, and the investigation report on the

2. The court below acquitted the defendant on the charge of this case on the ground that the evidence submitted by the prosecutor alone was not proven to the extent that there is no reasonable doubt as to the charge of this case, and thus, the court below acquitted the defendant on the charge of this case on the ground that the facts charged of this case were not proven to the extent that there is no reasonable doubt.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s aforementioned determination is just and acceptable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

Therefore, the prosecutor's above assertion is not accepted.

① Among the evidence submitted by the prosecutor, a report on internal investigation (an investigation into the inspection process, etc. of the game room) prepared on November 14, 2013 is indicated to the purport that “the police officer has searched about the frequency of the game room businesses running the frequency and the street booms, etc. from the side of the game room of this case, and there was a trend that “the police officer is conducting business from the low-time month”. However, the instant report is indicated to the effect that “the police officer is conducting business from the low-time month.

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