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(영문) 광주지방법원 2014.11.13 2014노2214
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Of the instant facts charged, the lower court found the Defendant not guilty on the violation of the Act on the Promotion of the Game Industry due to the operation of an unauthorized general game providing business, and only the Defendant appealed on the grounds of unfair sentencing, and the prosecutor did not appeal the acquittal portion. As such, the lower court’s acquittal portion was separately determined as it was, and only the conviction portion falls under the scope of the judgment of this court

2. The summary of the grounds for appeal (one year of imprisonment, confiscation, and collection) of the lower court is too unreasonable.

3. The judgment appears to have recognized the defendant's mistake and reflect it, the period of the defendant's crime is more than seven days, and the amount of the defendant's crime and the profit from the crime of this case is relatively small. However, the defendant has been sentenced to a suspended sentence of two years for the same crime in 2008, and the defendant has been sentenced to a suspended sentence of eight months for the same crime, and the defendant repeated the crime of this case during the suspended execution period, and the defendant stated that his own punishment is the main agent in the investigation process after the crime of this case, and the investigation into himself has continued, and considering all of the sentencing conditions in this case including the unfavorable circumstances, such as the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion is not justified.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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