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(영문) 창원지방법원 2014.08.27 2014노481
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.

2. A type of crime, such as a violation of the Act on the Promotion of Judgment of the Game Industry, is likely to cause harm and harm to society by encouraging the general public to commit excessive speculative spirit, and thus, is in need of strict punishment. The Defendant was sentenced by the Changwon District Court on February 19, 2013 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. on October 7, 2013 and committed this case even though he/she was committed during the period of repeated offense upon termination of the enforcement of the sentence.

However, in full view of the following facts: (a) the Defendant recognized the instant crime and divided the Defendant’s mistake in depth; (b) the Defendant was merely an employee in charge of the customer name, etc. and thus, was relatively insignificant in participation compared to other accomplices; (c) there was no record of criminal punishment for the same kind of crime; and (d) the Defendant’s age, character and conduct, environment, background, means and consequence of the crime; and (b) all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment

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

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