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(영문) 부산지방법원 2013.04.04 2012노3335
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is deemed to be unfair in so far that each of the punishments (six months of imprisonment, four months of imprisonment) of the court below is too unreasonable;

2. Before determining the argument on the grounds of appeal by the Defendant’s ex officio, the two crimes in the judgment of the court below of this case are all concurrent crimes as provided in the former part of Article 37 of the Criminal Act, and as long as this court has concurrently deliberated on the grounds of appeal by the Defendant, the judgment of the court below cannot be maintained any more.

3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, the lower judgment ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

Criminal facts

The summary of facts and evidence acknowledged by this court is the criminal facts of the first judgment and the summary of the evidence, which are referred to in Article 369 of the Criminal Procedure Act, since it is identical to the corresponding part of the judgment of the court below, as it is stated in the third sentence of the criminal facts of the third sentence of the first judgment in the front of the "lishing (which has no classification of 35 game equipment)".

Application of Statutes

1. Article applicable to criminal facts;

(a) Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Article 30 of the Criminal Act (a)

(b) Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act, Article 30 of the Criminal Act (which provides game products not rated for use);

(c) Article 44(1)1 and Article 28 Subparag. 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act;

(d) Articles 44(1)1-2 and 28 subparag. 3 of the Game Industry Promotion Act, Article 30 of the Criminal Act (the encouragement of speculation through the provision of congratulationss);

E. Special cases concerning regulation and punishment of speculative acts, etc.

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