logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.05.24 2013노72
게임산업진흥에관한법률위반방조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The punishment of the court below (No. 1: imprisonment with prison labor for 5 months and 2 months: imprisonment with prison labor for 9 months) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the defendant, this Court tried to examine the two cases of appeal by combining the two cases of appeal against the defendant, and each of the offenses of the judgment of the court below which was jointly tried in the trial at the trial at the court at the same time shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be reversed.

3. According to the above conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "1.1. the defendant's trial statement at the court below" to the summary of the evidence of each judgment of the court below. Thus, they are cited as it is in accordance with Article 3

Application of Statutes

1. Article 45 of the relevant Act on criminal facts, Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of the Game Industry Selection and Punishment, Article 32 (1) of the Criminal Act (the point of aiding and abetting the use of game products, the contents of which are different from those of the classification obtained), Article 44 (1) 1 and Article 28 subparagraph 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act;

1. Articles 32(2) and 55(1) of the Criminal Act, which are statutory mitigation;

arrow