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(영문) 대전지방법원 2017.09.14 2017노1783
게임산업진흥에관한법률위반등
Text

The judgment below

I reverse the forfeited portion.

The evidence No. 841 of Daejeon District Prosecutors' Office 2010, No. 1 to 4, 201.

Reasons

The summary of the grounds for appeal (unfair sentencing) by the defendant (hereinafter referred to as "criminal punishment"), which the court below sentenced, is too unreasonable.

In the Daejeon District Public Prosecutor's Office, which had been seized by misunderstanding the public prosecutor's law, subparagraphs 1 through 10 of 2015, and subparagraphs 1 through 8 of 2015, Article 2015, subparagraphs 1 through 8 of 2015, the Daejeon District Public Prosecutor's Office's Office's Branch Office should be confiscated as necessary, such as game materials provided for a crime, cash acquired from a crime, etc., but the judgment of the court below erred by misapprehending the legal principles on confiscation.

The punishment sentenced by the court below is too uneasible and unfair.

According to Article 44(2) of the Game Industry Promotion Act with respect to the evidence No. 1133 of the Daejeon District Prosecutors’ Office, which has been seized as to the prosecutor’s assertion of misapprehension of the legal principles, the game products owned or possessed by a person who violates the provisions of each subparagraph of Article 44(1) of the same Act, and the profits accrued from such criminal act and the property generated from such criminal act shall be necessary. According to the evidence duly adopted and examined by the court below, subparagraph 1 of the evidence No. 1133 of the Daejeon District Prosecutors’ Office [50 games [50 games] and subparagraph 7 of the evidence No. 2015 (40 without registration game products] of the Daejeon District Prosecutors’ Office (Seoul District Prosecutors’ Office) shall be acknowledged as being used for the crime of violation of the Act on the Promotion of Game Industry in the judgment of the court below, and the above evidence No. 1, 725 of the evidence No. 2015 should be confiscated by the investigation agency around 21, 2015.

B. The evidence 2 to 6, 8, and 10 of the Daejeon District Prosecutors' Office Nos. 2015, No. 1133 (2, 2, 19, 1, 1, 5, 1, 1, 1, 1, 1, 1, 3, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 200) on which ASEAN is seized is either the game products owned or possessed by the defendant or the profits from the above crime.

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