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(영문) 부산지방법원 2017.09.22 2016노4983
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the amount of KRW 5 million, the amount of KRW 16,200, the amount of KRW 100,000, the amount of KRW 16,20, the amount of capital) is too un

2. Although the defendant had several criminal records of the same kind, he/she again participated in the crime of this case. However, the period during which he/she participated in the game of this case is short and does not seem to play a leading role as an employee, and the investigative agency recognized all of the crimes.

In addition, considering various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, the lower court’s sentence cannot be deemed to be too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The prosecutor’s appeal of conclusion is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That in accordance with Article 25 of the Regulation on Criminal Procedure, the court below ex officio, and the court below’s order is corrected by adding “1. Confiscation: Article 44(2) of the Game Industry Promotion Act” to the applicable column of the law of the court below.

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