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(영문) 창원지방법원 2019.06.27 2019노581
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant currently has a workplace in Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant has to work at the weekend due to its nature, so it does not have the ability to perform the community service order.

In light of this, the sentence imposed by the court below (the imprisonment of six months, the suspension of execution of two years, the community service order 120 hours, the confiscation and the additional collection of 21,010,000 won) is too unreasonable.

2. The lower court appears to have determined the punishment within a reasonable scope, taking full account of all the circumstances regarding the sentencing.

In particular, the lower court appears to have sentenced the Defendant to a suspended sentence on the premise that the community service order is to be implemented for 120 hours in consideration of various sentencing conditions, and the community service order may be performed at the place of residence in consultation with the competent probation office, and may be performed on weekends or holidays, so it is not impossible to implement the community service order within the extent that it does not interfere with

(In this process, the defendant's assertion that the sentencing of the court below is unfair is not acceptable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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