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(영문) 창원지방법원 2017.05.11 2017노695
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. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months, the evidence 1, the evidence 1, the 3 to 6) is too unreasonable.

2. In full view of the favorable sentencing grounds, including the following: (a) the size of the game site of this case is reasonable; (b) the operating period and profit of the game site of this case is also significant; and (c) the period of business or profit is more than 10 times; (d) there are no criminal records contrary to the confession of the crime; (b) there are no criminal records exceeding the same criminal records or the suspension of the execution of imprisonment; and (c) the instant case was detained for about four months; (d) the Defendant’s age, family relation, economic situation; (e) the background and motive leading to the crime; and (e) other matters on the sentencing as indicated in the records and arguments of this case, the Defendant’s assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting a crime and Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Alternative Game Industry (Selection of Imprisonment) of the same Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

1. Article 44 (2) of the Confiscation Industry Promotion Act;

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