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(영문) 수원지방법원 2017.01.20 2016노7118
게임산업진흥에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year of imprisonment, an additional collection of 91,766,976 won, confiscation) on the defendant is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant led to the confession of the crime of this case and reflects his mistake. However, in the case of the crime of violation of the Act on the Promotion of Game Industry of this case, it is necessary to strictly punish the crime that causes an excessive speculative spirit and impairs good morals. The crime of this case is committed by multiple persons, and the crime of this case is committed in an organized manner, since the period of the crime and the scale of the business are substantial, and the crime is not good; the defendant has the record of being suspended or sentenced to a fine four times of imprisonment for the same crime; the defendant has no special circumstances or changes in circumstances that are newly considered in the sentencing after the sentence of the court below; the fairness of the sentencing with other accomplices; the defendant's age, sex, environment, motive, means and consequence of the crime; and the circumstances before and after the crime, etc., it is not judged that the punishment of the court below is unfair because it is too excessive.

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

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