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(영문) 인천지방법원 2016.01.15 2015노2380
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Promotion of respective Game Industry among the facts charged in the instant case, although the Defendant conspired with H and I to use and provide game products and exchange them with contents different from the contents of the rating, the lower court acquitted this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

B. The punishment of the lower court (six months of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Judgment on the assertion of mistake of facts

A. Criminal facts of violation of the Act on the Promotion of respective Game Industry in the facts charged in the instant case are the same as the second sentence of "2014 Highest 8981".

B. The lower court’s judgment: (a) although evidence consistent with this part of the facts charged exists such as the protocol of interrogation of the prosecution, the protocol of seizure, and the list of seizure against I as evidence, the following circumstances acknowledged by the witness I’s legal statement by the witness I; (b) the game in which the Defendant provided to K Gamesland around October 15, 201 was a game machine different from the above BB game machine; (c) the Defendant, who was out of the game machine supplied by the Defendant, recovered the game machine that he provided on October 20, 201; and (d) thereafter, the Defendant would have provided the above BB game machine to K Gameland by another business operator; and (c) the said other business operator would have partly contributed to the proceeds of the funeral; and (c) in light of such circumstances, the above evidence alone proves that the facts charged were proven to the extent that there is no reasonable doubt.

As it is difficult to see this part of the facts charged, the verdict of innocence was pronounced.

(c)

The following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court, namely, (i) accomplice H and I in the instant case of violation of the Game Industry Promotion Act 11868 high group of 2012 high group of 11868, the Defendant and the K Gameland as indicated in this part of the facts charged.

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