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(영문) 서울북부지방법원 2013.10.01 2013노998
게임산업진흥에관한법률위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case, and the fact that the defendant has no criminal record of imprisonment without prison labor or more than imprisonment without prison labor, and his depth is divided, the sentence of the court below is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 2 and Article 32 (1) 1 and 7 of the Act on the Promotion of the Game Industry Selection and Punishment of Criminal Facts, Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

1. Article 62-2 of the Criminal Act on community service order;

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) of the Criminal Act;

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