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(영문) 대전지방법원 2013.11.14 2013노1614
게임산업진흥에관한법률위반
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The seizure of articles 1 to 1.

Reasons

1. Each sentence (No. 1: Imprisonment with prison labor for 6 months and 6 months: Imprisonment with prison labor for 6 months) declared by the original court which declared the gist of the grounds for appeal is unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of 2013No1614 of this Court, which is the appeal case against the judgment of the court of first instance, and the case of 2013No2047 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the proceedings of the oral argument. Each of the crimes in the judgment of the court of first and second is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of aggravated crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first and second instances cannot be maintained any more.

3. According to the conclusion of the judgment below, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, Articles 44 (1) 1 and 28 subparagraph 2 of the Act on the Promotion of the Alternative Game Industry, Article 30 of the Criminal Act (the fact that gambling and other speculative acts are permitted to use game products, Article 2013No1614), Article 44 (1) 1, and Article 28 subparagraph 2 of the Game Industry Promotion Act (the fact that one causes others to use gambling and other speculative acts for game products, Article 28 subparagraph 2 (Article 2013No2047), Article 45 subparagraph 4, and Article 32 (1) 2 of the Criminal Act, Article 30 of the Criminal Act, Articles 30 of the Criminal Act, and selection of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Confiscation Article 48(1)1 of the Criminal Act

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