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(영문) 대전지방법원 2020.02.05 2019노3222
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

The summary of the grounds for appeal (e.g., imprisonment for up to eight months, confiscation, and collection) of the lower court is too unreasonable.

Judgment

The Defendant is the proprietor operating the game of this case. The Defendant’s crime of this case is disadvantageous to the Defendant, even though the police sent to the game of this case several times prior to the detection of this case to the game of this case and sent the game of this case to the game of this case for a long time, because of its social harm and injury, the commission of the crime of this case harms the awareness of sound labor and the failure of home economy. The crime of this case is bad in light of its social harm and injury.

However, there are circumstances favorable to the defendant that the defendant recognizes all of the crimes of this case and reflects on the fact that the gains gained by the crime of this case are not many, and that there is no criminal record.

In addition, in full view of all the sentencing conditions in this case, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of the defendant, the sentence of the court below against the defendant is considered to be too unreasonable.

Therefore, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to the facts constituting the offense and summary of evidence recognized by the court, and the summary of evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 44 (1) 2, Article 32 (1) 7, and Article 30 of the Criminal Act concerning the relevant criminal facts, and Articles 44 (1) 2, and 32 (1) 7 of the Act on the Selection of Game Industry;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The confiscation industry and the promotion of the game industry;

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