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(영문) 창원지방법원 2015.09.16 2015노1464
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of five million won, confiscation) imposed by the court below is unreasonable.

2. The facts that the defendant confessions and reflects the judgment, while the crime of this case is favorable in terms of the relation between the crime of aiding and abetting the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of aiding and abetting the crime of the latter part of Article 37 of the Criminal Act in the judgment of the court below which became final, the defendant again commits the crime of this case even though he had the record of punishment for the same or similar crime in the past, and the court below has rendered a decision to reduce the fine under the summary order by fully taking into account the favorable circumstances of the defendant and there is no special reason to change the sentencing after the judgment was rendered, and other unfavorable conditions of sentencing as shown in the records and arguments of this case such as the defendant's age, character and behavior, environment, motive, means and consequence, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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