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(영문) 인천지방법원 2014.04.25 2014노239
게임산업진흥에관한법률위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Any seized PC body.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the crime of this case, which encourages the general public to commit an excessive speculative spirit, requires strict punishment, and that the crime of this case is inferior in light of the scale of the crime and the method of the commission of the crime, and that the criminal defendant was sentenced to criminal punishment, and in particular, on July 17, 2009, the Daejeon District Court sentenced three years to imprisonment on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and released from the company on March 19, 2012 and repeated the crime of this case during the repeated crime period, it is inevitable to sentence the defendant

However, considering all of the sentencing conditions shown in the records of this case, such as the fact that the defendant led to the confession of the crime and reflects against the defendant, the fact that there is no record of the same kind, and the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, the sentence of the court below against the defendant is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Punishment and Promotion of Game Industry (Selection of Imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 48 (1) of the Criminal Act of confiscation, Article 44 (2) of the Game Industry Promotion Act;

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