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(영문) 인천지방법원 2013.08.23 2013노1478
게임산업진흥에관한법률위반
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. As to the Defendants’ appeal, Defendant A filed an appeal against the lower judgment on May 8, 2013, and Defendant C filed an appeal on May 9, 2013. However, on May 30, 2013, each of the instant courts was notified of the receipt of the notification of the receipt of the trial records, and the submission of the statement of grounds for appeal was not filed within 20 days before the deadline for submitting the statement of grounds for appeal. Moreover, the petition of appeal does not contain any indication of the grounds for appeal, and there is no ground for ex officio investigation even

2. As to the prosecutor’s appeal

A. The summary of the grounds for appeal (for the defendant A: a fine of KRW 10 million; and for the defendant C: a fine of KRW 7 million) declared by the court below is too uneased and unreasonable.

B. Although the nature of the crime of this case is not good, the defendants are against the crime of this case, there is no record of punishment for the same kind of crime, and the sentence against the defendants seems to have been determined by considering the above various circumstances. The court below's judgment and the sentence against the defendants seems to have been determined by considering the above circumstances. In light of various circumstances, including the defendants' age, character and behavior, environment, motive and circumstance of the crime, etc., and the conditions of the argument of this case and the sentencing indicated in the records, the prosecutor's above assertion is not acceptable since the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendants' appeal shall be dismissed by decision under Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as the above decision is rendered with respect to the prosecutor's appeal, all appeals by the defendants shall be dismissed by decision. Since the prosecutor's appeal is without merit, it shall be dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition

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