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(영문) 제주지방법원 2017.06.15 2017노59
게임산업진흥에관한법률위반
Text

All the judgment below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and eight months, and by imprisonment with prison labor for eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of the facts or misapprehension of the legal doctrine, among each of the facts charged in the instant case, the Defendant did not engage in money exchange business in the H adult game room (hereinafter “H adult game room”) as stated in paragraph 1-B of the 2015 Highest 1838 instant case.

Nevertheless, the lower court found the Defendant guilty of this part of the charges on this part of the charges by misunderstanding the facts or misapprehending the legal doctrine, on the ground that he/she did not satisfy the requirements of identity and integrity and thereby, by using as evidence the fluence photographs (19 to 25 pages of evidence No. 1838 of the 2015 upper group 1838, hereinafter referred to as “fluence photographs of this case”).

2) The sentence of the lower court (two years of imprisonment, confiscation, and collection) that is unfair in sentencing is too unreasonable.

B. Defendant B’s sentence (10 months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. In the first instance trial of the case No. 1-B of the 2015 High Order 1838 of the indictment against Defendant A, the prosecutor changed “the date, time, and place at the above place” to “the place above on June 1, 2015,” and applied for the amendment of a bill of amendment to delete “after deducting 10% of the points from the fee as commission” in the 5th sentence. The subject of the judgment was changed by this court’s permission. This part of the indictment and the remainder of the indictment against Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38 of the Criminal Act. As such, the part of the judgment of the court below against Defendant A cannot be maintained.

B. On January 12, 2017, Defendant B was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for a violation of the Game Industry Promotion Act at the Jeju District Court on January 12, 2017, and the above judgment became final and conclusive on January 20, 2017. The crime of the lower judgment against Defendant B and the crime of violation of the Act on the Promotion of the Game Industry, which became final and conclusive, are in the relation of concurrent crimes by the latter part of Article 37 of the Criminal Act.

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