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(영문) 창원지방법원 2012.09.27 2012노534
사행행위등규제및처벌특례법위반등
Text

1. The part of the judgment of the first instance and the judgment of the second instance against Defendant A shall be reversed, respectively.

2. Defendant A shall be punished by imprisonment.

Reasons

1. On June 27, 2012, Defendant T did not submit the statement of grounds for appeal even when it received a written notification of the receipt of trial records from this court on June 27, 2012, and the written notification of the receipt of trial records under Article 361-3(1) of the Criminal Procedure Act does not include the grounds for appeal even in the written petition of appeal filed by Defendant T, and there is no ground for ex officio investigation even after examining the

2. Determination on each appeal filed by Defendant A, U, and V

A. The summary of the grounds of appeal 1) Defendant A and V (unfair sentencing: Imprisonment of one year and two months, confiscation, 18,078,00 won (No. 1) and imprisonment of eight months, confiscation, 15,616,00 won (No. 2) and fine of three million won) are too unreasonable. 2) Defendant U (No. 2) is an employee of the Game Industry Promotion Act and the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. (the violation of the Game Industry Promotion Act and the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, Etc.). However, the court below erred by misapprehending the legal principles on the imposition of additional collection against Defendant U, and thereby adversely affecting the conclusion of the judgment.

B. Determination 1) Prior to the judgment on the assertion of unfair sentencing by Defendant A, the first and second court rendered ex officio a judgment on Defendant A’s assertion of unfair sentencing, and the first and second court rendered to Defendant A an appeal against each of the above two appeals cases jointly with the above two appeals cases. The court below held that: (a) imprisonment for one year and two months for the former; (b) confiscation; (c) 18,078,000 won for the latter; (d) imprisonment for eight months and confiscation; and (e) imprisonment for 15,616,000 won for the latter; and (e) imprisonment for 8 months and confiscation; and (e) Defendant A filed an appeal against each of the above judgments.

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