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(영문) 인천지방법원 2012.12.14 2012노3123
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

One account book for a seized game room (No. 4);

Reasons

1. The lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. Ex officio determination

A. Before determining on the grounds for appeal by the Defendant violating the special rules on the illegality of service by public notice and the promotion of litigation, etc., if the date of sentencing was notified as the date of closing argument in the first instance trial while the Defendant was present, but the court is unable to confirm the whereabouts of the Defendant after the Defendant was absent on the date of sentencing, and the Defendant summoned by public notice pursuant to Article 19(2) of the Special Rules on the Promotion, etc. of Legal Proceedings (hereinafter “Special Rules on the Promotion, etc.”) is not present at least twice.

(2) On December 17, 191, 191, the court below issued a summons to the defendant on December 17, 199 (see, e.g., Supreme Court Order 91Mo23, Dec. 17, 199). According to the records, the following facts are as follows: ① The defendant was indicted due to a violation of the Game Industry Promotion Act, etc., and was present at the first trial date of the court below, stated his address as "T in Daegu Suwon-gu", and the arguments were closed for the consolidation of additional indictments; ② the defendant was present on the fifth trial date of the court below; ② the defendant was notified of the sentencing date after having again stated his address as "In Mancheon Bupyeong-gu E building 914; ③ the defendant was sent a summons to the police statement to the defendant, but it was impossible to communicate with the mobile phone; although the chief of the police station having jurisdiction over the above domicile was commissioned to detect the location of the defendant; the defendant was unable to execute the detention warrant and was summoned as service by public notice for the first service of the defendant.

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