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(영문) 인천지방법원 2013.12.27 2013노2025
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendants in this case, each sentence of the lower court against the Defendants (Defendant A: Imprisonment with prison labor for August and Defendant B: Imprisonment with prison labor for six months) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. Determination: (1) In light of the purpose of the rating system to eradicate illegal game products promoting speculative spirit and to establish a healthy game culture of the people, the crime of this case is not likely to be committed; (2) Defendant A actively made a false statement as if he was the actual owner of the business from the investigative agency to the court of the original trial; and (3) Defendant B had the record of having been punished once suspended execution due to the same crime; and (4) in light of the fact that Defendant B committed the crime of this case without being aware of it during the period of suspended execution; and (3) even if there was a history of punishment for a single fine, it is necessary to punish Defendants solemnly.

However, in the meantime, the defendants led to the crime of this case in order to live in a state where the health conditions are not good due to the age, family environment of the defendants, circumstances before and after the crime, etc. in full view of the following factors: (a) After the judgment of the court below, the prosecution revealed that the actual business owner in the game of this case is G and actively cooperate with the investigation; (b) there is no significant penalty power in excess of the same kind and fine for the above defendants; (c) the current period of service is not relatively long; and (d) in the case of the defendant B, the period of service is not relatively long; and (e) the defendant B seems to have reached the crime of this case for the purpose of living in a state where the health conditions are not good due to the strong vertebrate, etc.; and (e) the punishment of the court below that sentenced the defendants is somewhat unreasonable.

3. Conclusion, the Defendants’ conclusion is as follows.

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