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(영문) 인천지방법원 2015.04.24 2015노959
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable;

2. The judgment is based on the fact that the defendant had been punished for the same kind of crime, the nature of the crime of this case and the fact that the crime of this case is not good.

However, in full view of all the sentencing conditions in the records, including the defendant's age, character and conduct, background of the crime of this case and circumstances before and after the crime of this case, the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant's above argument is reasonable, since the sentence imposed by the court below is somewhat unreasonable. The defendant's above argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 45 of the pertinent Act on criminal facts, Articles 32(1)2 of the Act on the Promotion of the Game Industry Selection and Punishment, Article 30 of the Criminal Act (a point of providing game products that differs from the contents of classification), Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, Article 230 of the Criminal Act, Article 30 (1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. (amended by Act No. 11034, Aug. 4, 201), Article 30 of the Criminal Act, Article 30 of the former Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (amended by Act No. 11034, Aug. 4, 201).

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