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(영문) 부산지방법원 2013.08.02 2013노1697
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal by the defendants is that each punishment of the judgment below (10 months of imprisonment) is too unreasonable.

In light of the following circumstances: (a) the Defendants were committed against the Defendant through the prison life in which the Defendants left four months; (b) Defendant A did not have the same criminal force; and (c) Defendant B was the primary offender; and (d) the conditions of sentencing stated in the records of this case are considered, the respective sentences of the lower judgment against the Defendants are too unreasonable.

Therefore, since the defendants' appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.

Criminal facts

The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act, the selection of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. Article 44 (2) of the Act on the Promotion of respective Game Industry and Article 48 (1) 1 of the Criminal Act;

1. Article 44 (2) of the Act on the Promotion of respective Game Industry;

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