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(영문) 창원지방법원 2014.04.17 2014노162
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The crime of this case was committed by providing game products with contents different from the contents of the deliberation on the rating classification by the Game Rating Board and allowing them to exchange the results obtained from the game products. It is inevitable to severely punish the Defendant in light of the seriousness of social harm and harm, such as encouraging a general public’s spirit of gambling and undermining the will to work, etc. In addition, the Defendant committed the crime of this case even though he was sentenced to a suspended sentence of one year for imprisonment with prison labor for the same crime on November 4, 2010, even if he was sentenced to a suspended sentence of two years for the same crime on November 4, 201, and it is inevitable to sentence sentence against the Defendant on the grounds that the game of this case

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes, thereby against his mistake; (b) the period of the instant crime is not long; (c) the Defendant supports two children neglected after divorce with his wife; and (d) the Defendant’s age, character and conduct, occupation and environment; (b) family relationship; and (c) the background and consequence of the instant crime; and (d) the circumstances of sentencing specified in the records and arguments, including the circumstances after the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court and summary of the evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Articles of the Act concerning the facts constituting the crime;

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