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(영문) 서울중앙지방법원 2019.09.26 2019노2289
게임산업진흥에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one-month imprisonment) is too unreasonable.

2. Unless the first instance court’s determination of sentencing is deemed to have exceeded the reasonable scope of discretion, or the first instance court’s determination of sentencing is deemed to be unreasonable in full view of the newly discovered materials in the appellate court’s appellate court’s determination of sentencing, it is reasonable to respect the first instance court’s determination of sentencing, unless there exist circumstances such as deeming that it is unfair

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were already revealed in the hearing process of the lower court and sufficiently considered, and there was no new circumstance to change the sentence of the lower court in the trial. In light of the period in which the Defendant operated as an employer and the game room size, etc., the nature of the crime of this case is not easy, and the Defendant’s confession is against the reasonable scope of discretion, and other favorable circumstances, such as the Defendant’s age, character and conduct, environment, motive and process of the crime, the consequence of the crime, the outcome of the crime, and all the sentencing factors indicated in the records and arguments of the instant case, including the circumstances after the crime, etc., and the fact that the Defendant again committed the crime of this case during the period of repeated offense, and the Defendant is against the Defendant’s confession.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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