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(영문) 서울동부지방법원 2013.10.31 2013노911
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation) of the lower court is too unreasonable.

2. The fact that the Defendant, on behalf of the investigative agency, the lower court, and the trial court, had taken the attitude of misunderstandings through a long-term confinement life for about nine months, and that the Defendant committed the instant crime in order to instruct the living conditions and support his family members, etc. are favorable to the sentencing.

However, even after the Defendant was controlled on August 201, 201, the Defendant continued to operate an illegal game room by changing the place without committing the crime, installed CCTV outside the building outside the game room, and prepared for the crackdown on the ground of the branch office. The Defendant has already been punished for the same kind of crime in 2010 and 2012, the equity of punishment with low degree of participation in the crime, the sentencing of the lower court seems to have taken into account all the favorable circumstances, and there is no change of circumstances that may differ from the lower court’s punishment, and the lower court’s punishment is deemed to be unfair in full view of all the circumstances revealed in the records and arguments, such as the age, character and character, environment, occupation, power, means and consequence of the instant crime, the circumstances before and after the instant crime, etc., it cannot be deemed that the sentence of the lower court is too unreasonable.

3. According to the conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless. However, among the summary column of the evidence of the lower judgment, “The part concerning “2013 Highest 89” was “1. I, J, Q, and Y’s protocol of examination as to the prosecutor

1. Since each statement in writing in R, K, S, and T is an obvious clerical error, it shall be decided as per Disposition by adding it in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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