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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.10.31 2013노3956
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s punishment against the Defendants (for 6 months of imprisonment, 2 years of suspended sentence, 80 hours of community service order, 6 months of imprisonment, 6 months of confiscation, 3 million won of fine).

2. Determination

A. It is recognized that Defendant B participated in the instant crime as an employee.

However, even though the defendant had been sentenced to a fine for the same crime three times repeatedly, it is difficult to expect the effect of the crime against the defendant only by the fine, such as the crime committed repeatedly. In light of the size of the game of this case and the business period of the game of this case, the possibility of criticism is not somewhat less severe, and in light of the contents of telephone communications between the defendant and C, etc., the defendant seems to have made a considerable contribution to the exchange act. Nevertheless, it is not good that the defendant has committed an illegal exchange in the game of this case from the investigative agency to the court of the court below, such as concealing the fact that the illegal exchange act was committed in the game of this case from the game of this case, etc., and it is not deemed that the defendant's age, character and behavior, motive, means and consequence, etc.,

B. The defendant C has no record of criminal punishment for the same kind of crime, and there is a favorable condition for the defendant.

However, each of the crimes of this case is active, without exercising the right to refuse to testify even though the defendant was notified of the right to refuse to testify in collusion with A while exchanging the result of using a game product, and furthermore, during the trial with A due to the suspicion, he testified with A as to the crime of this case, and he did not exercise the right to refuse to testify.

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