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(영문) 대전지방법원 2017.07.20 2017노1166
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment, two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the evidence submitted by the ex officio judgment prosecutor, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution on February 11, 2014 for violating the Act on the Promotion of Game Industry, which was committed by the Daejeon District Court prior to the date of the said judgment, and sentenced to imprisonment with prison labor for a violation of the Act on the Promotion of Game Industry, which was committed by the Daejeon District Court on April 30, 2015, and sentenced to imprisonment with prison labor for six months and two years of suspended execution on May 8, 2015, and the crime of this case was committed before the said judgment became final and conclusive.

Therefore, all of the crimes of this case and the crimes of this case for which each judgment became final and conclusive are in the relation of concurrent crimes by the latter part of Article 37 of the Criminal Act, and in accordance with Article 39(1) of the Criminal Act, a sentence shall be imposed by taking into account equity between the crimes of this case and the crimes for which each judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2008Do209, Oct. 23, 2008). In such a case, the lower court omitted the above criminal records in its judgment, and did not find any trace that takes into account the sentencing of this case.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to concurrent crimes by the latter part of Article 37 of the Criminal Act, which affected the conclusion

Therefore, the judgment of the court below cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the error of sentencing by the defendant and the prosecutor, and the judgment below is reversed, and it is again decided as follows after pleading.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence, are facts constituting an offense in the original judgment.

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