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(영문) 광주지방법원 2014.12.04 2014노1495
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for eight months of imprisonment, and eight hours of community service) is too unfased and unreasonable.

2. In 2008, the Defendant had a record of being punished for a fine of KRW 7 million due to a violation of the Game Industry Promotion Act by engaging in money exchange and re-purchase of game money for business purposes. The Defendant’s game money sales exceeds KRW 1.25 billion, and the purchase amount exceeds KRW 1.180 million. The Defendant’s crime of this case is disadvantageous to the fact that the crime of this case is likely to collapse the foundation of the healthy game industry and substantially undermine the creation of a healthy game culture for the crime.

However, considering the favorable circumstances, such as the fact that the defendant seems to have recognized his mistake and reflect it, the fact that the defendant has no record of punishment more than a suspended sentence, and the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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