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(영문) 서울중앙지방법원 2014.07.04 2014노1543
게임산업진흥에관한법률위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. With respect to the sentencing of the first instance court (ten months of imprisonment with prison labor for the crime of the first instance and three years of suspended sentence for the crime of the second instance) against the defendant in the summary of the grounds for appeal, the prosecutor appealed each appeal on the grounds that the defendant is too uncompared and unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

It is also reasonable that the defendant was investigated by the prosecution due to the second crime of the same kind of fine and the second crime of the same suspended execution period, and again committed the first crime of the same kind related to the illegal game room, and repeated several crimes related to the illegal game room. In order to escape as a result of these crimes, it would pose a serious threat to the safety of the controlling police officer by being discriminated against by the defendant's vehicle and causing serious harm to the property of the state and citizens.

However, the Defendant’s mistake is against the victim M and K, and the crime of Article 2 of the holding is a concurrent crime under the latter part of Article 37 of the Criminal Act and the crime of Article 39(1) of the Criminal Act. In conclusion, the execution of sentence is expected with respect to the case that could have been judged concurrently with the crime of Article 2 of the holding due to the invalidation of the suspended sentence of the above previous crime due to the instant case, and the Defendant’s age, character and conduct, environment, family relationship, and family relationship, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the motive of the instant crime and the circumstances after the instant crime, the first instance sentencing against the Defendant cannot be deemed to be too weak or unreasonable.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit.

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