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(영문) 대법원 2014.10.30 2014도12527
게임산업진흥에관한법률위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. due to the conduct of speculative acts as a business using speculative gaming machines, the violation of the Act on the Promotion of Game Industry due to the provision of game products different from the rated contents, and the violation of the Act on the Promotion of Game Industry due to the exchange of game results, are separate crimes different from the constituent elements thereof, and thus, the form of each act and the legal interest and interest are different. Therefore, it is reasonable

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles as to the number of crimes.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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