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(영문) 울산지방법원 2018.08.17 2018노53
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the defendant, a fine of 1,00,000 won, and the crime No. 2 of the judgment.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and legal principles of the defendant's illegal exchange power in the past, the relationship between the defendant and the business owner of the game of this case, and G, the defendant was sufficiently recognized as operating the game of this case in collusion with the above G. However, the court below acquitted the defendant as to the violation of the Game Industry Promotion Act among the facts charged of this case. The court below erred in the misunderstanding of facts and misapprehension of legal principles.

B. The lower court’s punishment (one million won in penalty, one year in suspended sentence) against a crime of interference with the exercise of the right to impose an unfair sentence (guilty part) is deemed to be too uneasible and unfair.

2. Ex officio determination

A. Before the judgment of misunderstanding of facts and misapprehension of legal principles, the prosecutor examined ex officio prior to the judgment of the court below, and the prosecutor added the facts of violation of the law on the promotion of the game industry in the facts charged in the instant case as the primary facts charged, added the same contents as those stated in Article 4 (2) of the facts charged in the instant case, as the preliminary crime, "the crime of aiding and abetting Violation of the Act on the Promotion of Game Industry" under the name of the preliminary crime, and "the crime of aiding and abetting Violation of the Act on the Promotion of Game Industry" under Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 32 of the Criminal Act, and the court permitted this.

As seen below, inasmuch as this Court rendered a not-guilty verdict on the primary facts charged and found the Defendant guilty of the facts charged added in preliminary, the corresponding part of the judgment of the court below that only the previous primary facts charged can no longer be maintained.

B. Meanwhile, on April 20, 2016, prior to the judgment on the unfair argument of sentencing, the Defendant was sentenced to a suspended sentence of two months for a violation of the Game Industry Promotion Act at the Ulsan District Court on April 20, 2016, and the judgment became final and conclusive on April 28, 2016.

As above, the judgment becomes final and conclusive.

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