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(영문) 부산지방법원 2013.06.14 2013노1030
게임산업진흥에관한법률위반
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for one year, and Defendant B for eight months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation, and one year of imprisonment) of the judgment of the court below is too unreasonable.

2. In full view of the judgment below, the defendants reflect their mistakes in depth, the defendant B did not focus on the degree of participation in the crime as an employee of the game room, and all other matters concerning the sentencing specified in the records of this case, the punishment of the judgment below is too unreasonable and unfair. Thus, the defendants' assertion is justified.

3. Accordingly, the part of the judgment of the court below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the appeal against the Defendants is ruled as follows.

Criminal facts

The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 4 of Article 45 and Article 32 (1) 2 of the respective Game Industry Promotion Act;

B. Defendant B: Article 45 subparag. 4 and Article 32(1)2 of the Game Industry Promotion Act, Article 32 of the Criminal Act

1. Selection of each sentence of imprisonment;

1. Defendant B of statutory mitigation: Articles 32 (2) and 55 (1) 6 (Accessories) of the Criminal Act;

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

1. A defendant who is subject to confiscation: Article 48 (1) 1 of the Criminal Act;

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