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(영문) 수원지방법원 2019.01.25 2018노7384
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

Seized Nos. 1-6 (2017 Highest 2318) and evidence.

Reasons

1. The summary of the grounds for appeal (10 months of imprisonment and confiscation) by the lower court is too unreasonable.

2. Determination is an unfavorable circumstance that the Defendant provided a game product different from the rating and provided another game product to operate an illegal game site even after undergoing investigation, and that the Defendant’s game room installed approximately 50 game equipment, etc. is not small.

On the other hand, the fact that the defendant was committed in this court when committing the crime and misunderstanding is divided, the period of operation of the game room is not long, and that there is no other criminal record until now is favorable.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., various sentencing conditions as shown in the instant records and arguments, and the scope of recommending sentencing guidelines, etc., the lower court’s punishment is deemed to be too unreasonable.

3. Since 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 decision is rendered after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence, as stated in the corresponding column of the judgment of the court below, are the same as stated in the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Matters concerning criminal facts under subparagraph 4 of Article 45 and Article 32 (1) 2 of the relevant Act on the Promotion of Game Industry (the point of providing game products, the contents of which are different from the classification), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act (the point of running the business of exchanging game products) and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act, Article 44 (2) of the Game Industry Promotion Act;

1. The first crime (the sentencing criteria) (the scope of recommendations, provision of illegal game products, etc.).

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