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(영문) 광주지방법원 2019.01.16 2018노3297
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant D shall be punished by imprisonment with prison labor of ten months.

seizure.

Reasons

1. The sentencing of the court below is too inappropriate.

2. Considering the fact that the crime of this case is not good, the defendants committed the crime of this case again even though they had been tried before several times, and the defendant D committed the crime of this case again during the suspension period of execution due to the same crime, strict punishment against the defendants is required.

However, considering the fact that the defendants are living in custody for a considerable period of time in depth, there is no criminal conviction for the defendant D, the health of the defendant A, the period of the defendants' operation of the game room is not clear, the degree of the defendants' participation, the degree of the crimes in the same kind and the sentencing balance with the co-defendants in the court below, and other conditions of sentencing as shown in the arguments in this case, such as the defendants' age, character and behavior and environment, motive, means and consequence of the crimes, and the circumstances after the crimes, the punishment of the court below against the defendants is too unreasonable. Thus, the defendants' above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A: Articles 44(1)1, 28 subparag. 2 (a) of the Game Industry Promotion Act, Articles 44(1)2 and 32(1)7 (a) of the Game Industry Promotion Act, Articles 45 subparag. 4 and 32(1)2 (a) of the Game Industry Promotion Act, Articles 151(1) and 31 of the Criminal Act.

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