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(영문) 대구지방법원 2015.05.15 2015노1086
게임산업진흥에관한법률위반등
Text

1. Of the judgment of the court of first instance, the part concerning Defendant B, A, F, and G and the judgment of the court of second instance shall be reversed.

2. Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor (Defendant B, A, and D) 1) Defendant B, A, and B (B) 2, the lower court sentenced the above Defendants to the above Defendants (two years of suspended sentence in August, respectively) on the ground that the sentence imposed by the lower court (two years of suspended sentence in August) is too uneasible and unfair. 2) Defendant D (in fact mistake, unreasonable sentencing) Defendant D’s operation of the AR entertainment room together with B, A, and R, despite its credibility, the lower court acquitted Defendant 1 on the charge of violation of the Game Industry Promotion Act related to the AR entertainment room business, and the Act on Special Cases Concerning Regulation and Punishment of Speculative Acts, etc., without any reasonable grounds. The lower court erred by misapprehending the facts, which affected the conclusion of the judgment.

In addition, the sentence sentenced by the court of first instance to Defendant D (two years of suspended sentence in August) is too unhued and unfair.

B. Defendant B, A, F, G, Q, and X1 sentenced to the above Defendants (Defendant B: imprisonment of one year and six months; imprisonment of one year and one year; Defendant A; imprisonment of ten months; imprisonment of two years; imprisonment of two years in prison in August; imprisonment of two years in case of Defendant Q; fine of two years in prison; imprisonment of two years in case of Defendant A; fine of two million won in prison; and fine of two million won in case of Defendant X); and sentence imposed by the second court to Defendant B is too unreasonable.

2. Determination

A. B and A-related ex officio prior to the judgment of the court below and the reasons for appeal by the above Defendants, the prosecutor examined the judgment of the court below of the second instance; the defendant B against the judgment of the court below; the defendant A filed each appeal against the judgment of the court of first instance; and the defendant A reviewed each appeal case in the court of first instance as a result of the filing of each appeal against the judgment of the court of first instance. As long as each of the criminal facts alleged by the court below against the above defendants is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance should be delivered simultaneously and a single sentence should be sentenced. In this regard, the part against the above defendants

B. Fact-finding by the first prosecutor on Defendant D.

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