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(영문) 창원지방법원 2014.05.01 2014노562
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the original court’s imprisonment (two months of imprisonment and confiscation) is too unreasonable; and

2. Each of the crimes of this case is an inevitable circumstance that is disadvantageous to the Defendant in light of the seriousness of social harm and harm, such as promoting a speculative spirit of the general public and undermining the will to work, etc.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate, taking into account the following circumstances: (a) the period of each crime of this case is not long, and the profits that the defendant received through the crime of this case could not have many; (b) the defendant was punished for the same crime; and (c) the defendant was detained for about two months; and (d) the defendant recognized all the crimes and reflects his mistake.

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 again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 and 7 of the Act on the Selection of Game Industry, and Selection of Imprisonment, respectively;

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);

4. The defendant's wrong character and behavior under the direction and supervision of probation officers taking into account the gravity, etc. of the crimes of this case under Article 62-2 of the Criminal Act of probation and community service order.

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