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(영문) 수원지방법원 2013.07.04 2012노4932
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The prosecutor of the grounds of appeal asserts that the sentencing (two months of imprisonment, two years of suspended execution, and confiscation) of the court below against the defendant is too unhued and unfair.

2. Before the prosecutor’s decision on unfair sentencing was made on his own authority, the prosecutor, “from January 19, 2012 to March 14, 2012,” applied for the change of indictment to the effect that “the criminal act committed by the Defendant, I, and K” was “the criminal act committed by the Defendant, I, and the criminal act committed by the Defendant” in the “the sole criminal act by the Defendant,” with the criminal intent to more specifically change the criminal method, and the same was changed by this court’s permission.

In addition, after the date of the sentence of the lower judgment, the Defendant was sentenced to imprisonment with prison labor for the same kind of crime on March 22, 2013 at this Court [2012 senior group 493, 6077 (merged)] and the above judgment became final and conclusive on June 30 of the same month. As such, this case is in the concurrent relationship between the case finalized in the above judgment and the latter part of Article 37 of the Criminal Act, in consideration of equity and the case at the same time under Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence, the lower judgment becomes unable to continue to maintain any further.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act on the ground of ex officio reversal, and the judgment below is ruled again as follows.

Punishment of the crime

On March 22, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Promotion of Game Industry at the Suwon District Court, for six months, and the judgment became final and conclusive on the 30th of the same month.

The Defendant, in collusion with I and K, opens an illegal game room in the name of “C” from January 19, 2012 to March 14, 2012. D as an employee in charge of exchanging D, as an employee in charge of exchanging D, as an employee in charge of exchanging E in the game room, as an employee in charge of exchanging E, as an employee in charge of operating the Kabter, and in charge of managing the place of business.

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