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(영문) 청주지방법원 2014.07.10 2014노69
직업안정법위반등
Text

Each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized Cheongju District Prosecutors' Office, 2013.

Reasons

1. The punishment of the original court (the first instance court: the imprisonment of one year, the second instance court; the imprisonment of ten months) shall be too unreasonable; and

2. Prior to the judgment on the grounds for appeal by the defendant, this Court reviewed the appeal case by combining each judgment of the court below on the grounds for appeal by the defendant, and each of the offenses at the time of original judgment is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to one punishment within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, each judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the entries in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 47 Subparag. 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., Article 30(1)1 of the Criminal Act, Article 44(1)2 of the Game Industry Promotion Act, Article 32(1)1 of the Criminal Act, Article 30 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Article 44(1)2 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 44(1)2 and Article 32(1)7 of the Act on Promotion of Game Industry, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Regulation and Punishment of Speculative Acts, etc., Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Article 44(1)2 of the Game Industry Promotion Act, Article 32(1)2 and Article 32(1)1 of the same Act, the classification of game products independently is not obtained.

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