(영문) 부산지방법원 2013.05.09 2013노1043 | 리걸엔진

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(영문) 부산지방법원 2013.05.09 2013노1043

게임산업진흥에관한법률위반

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (two months of imprisonment, confiscation) is too unreasonable.

Judgment

Although the period of operation of the game of this case is shorter than the period of operation of the game of this case, the sentence of the court below is somewhat inappropriate in light of the following circumstances: (a) the defendant led to the confession of the crime of this case and reflects the defendant in depth during the period of detention; (b) there is no same criminal record against the defendant; and (c) there is no record of criminal punishment exceeding the fine after around around 1976; (d) the crime of this case was provided for the use of ten game seasons different from the contents of the rating; and (e) the motive and circumstance of the crime of this case; (e) the circumstances after the crime of this case; (e) the defendant's age, character and conduct, and environment; and (e)

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

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

Application of Statutes

1. Article 45 of the relevant Act on criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, Article 30 of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

참조조문

-게임산업진흥에 관한 법률 제32조 제1항 제2호

-게임산업진흥에 관한 법률 제45조 제4호

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