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(영문) 창원지방법원 2014.07.10 2014노645
게임산업진흥에관한법률위반등
Text

All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: Defendant A - Imprisonment with prison labor for a year and six months, confiscation and collection KRW 14 million, Defendant B- imprisonment for a year and one year, confiscation and confiscation, and the second instance judgment: April) are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the appeal case against the judgment below was consolidated. Each of the offenses in the judgment of the court below against the Defendants is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be reversed in its entirety.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendants’ assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed in its entirety, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are as stated in each corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 44(1)2, 32(1)1 and 7 of the Game Industry Promotion Act, Articles 30 and 152(1) of the Criminal Act, the choice of imprisonment, respectively,

B. Defendant B: Articles 44(1)2 and 32(1)1 and 7 of the Game Industry Promotion Act; Articles 30, 152(1) and 31(1) of the Criminal Act; the choice of imprisonment with prison labor

2. Articles 153 and 55(1)3 of the Criminal Act for statutory mitigation (as a result, perjury and perjury have been proclaimed), respectively;

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

4. Confiscation;

A. Defendant A: Article 44(2) of the Game Industry Promotion Act and Article 48(1)(b) of the Criminal Act.

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