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(영문) 부산지방법원 2013.12.12 2013노3405
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (two months of imprisonment, confiscation, and collection) is too unreasonable.

Judgment

In light of social harm, such as encouragement of suicide, encouragement of speculation, and disturbance of sound labor, etc., it is necessary to strictly punish crimes related to the use and provision of illegal game products committed by the defendant. However, the sentencing of the court below is somewhat inappropriate, considering various circumstances, such as the motive and circumstance of the crime in this case, circumstances after the crime, defendant's age, character and conduct, environment, etc., and the sentencing conditions specified in the records and arguments of this case, considering the fact that the defendant led to the crime in this case and is against the operation of the illegal game room for about two months, there is no particular criminal punishment except for the punishment imposed several times due to the violation of the Road Traffic Act, etc., and there is no record of punishment for the same kind of crime, there is no record that the defendant has been punished for the crime in the same kind of crime, and there is no record that the defendant has to support his/her family, such as his/her spouse and others.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 44 (1) 2, 32 (1) 1 (the point of providing an ungrade game product) of the Act on the Promotion of the Game Industry, Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, and the choice of imprisonment, respectively;

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

1. Article 62 of the Criminal Act:

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