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(영문) 대전지방법원 2016.08.18 2016노1337
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendants (defendant A: imprisonment of six months for a suspended sentence of one year, confiscation, community service order of 40 hours, Defendant C: fine of three million won) is too uneased and unreasonable.

2. In full view of the following: (a) there is no good quality of the crime of this case; (b) Defendant C was punished for the same kind of crime, etc.; (c) the Defendants led to the confession of the crime of this case; (d) Defendant A had no record of criminal punishment for the same kind of crime; and (e) the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime; and (e) other factors such as the various sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances after the crime; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing sentencing committee, it cannot be deemed unfair since the lower court’s punishment against the Defendants is unscheduled and unfair

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 55(1)3 of the Criminal Procedure Act on the grounds that it is apparent that the “Article 55(1)3” is a clerical error in Article 55(1)6 of the Rules on the Criminal Procedure, and thus, it is to be corrected ex officio pursuant to Article 25(1) of the Rules on the Criminal Procedure.

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