logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.09.23 2016도12265
게임산업진흥에관한법률위반등
Text

The appeal is dismissed.

The judgment below

Article 12 of the Act provides that "The Act shall apply to the crime of 1.1."

Reasons

The grounds of appeal (to the extent of supplement in case of supplemental statement of grounds of appeal not timely filed) are examined as follows.

The judgment below

In light of the reasoning of this case, the Defendant’s violation of the Act on the Promotion of Game Industry, which was recognized by the Defendant, was a business of exchanging tangible and intangible results obtained through the use of game water, so the applicable provisions of the Act shall be stated in Article 32(1)7 of the Game Industry Promotion Act. However, the lower court erred by misapprehending Article 32(1)1 of the Act on the Promotion of Game Industry.

This is merely a simple clerical error that does not affect the conclusion of the judgment, and the ground of appeal disputing this cannot be a legitimate ground of appeal.

Of the facts charged in the instant case, the judgment of acquittal shall be rendered on September 5, 2014, on the grounds that the part before September 5, 2014, is in a relationship with the final and conclusive crime (see, e.g., Supreme Court Decisions 2013Ma2695, May 22, 2014; 2014No580, Sept. 5, 2014) and a single comprehensive crime, and thus, a judgment of acquittal shall be rendered. However, the lower court erred by misapprehending the legal doctrine on the single comprehensive crime, and thus, determined otherwise, the allegation that the lower court determined otherwise by misapprehending the legal doctrine on the one-inclusive crime, which the Defendant deemed as the ground for appeal or

The judgment below

In examining the reasons and records, there is an error of law by misapprehending the legal principles on comprehensive crimes.

subsection (b) of this section.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair shall not be a legitimate ground for appeal.

Therefore, the appeal shall be dismissed in accordance with Article 380 (2) of the Criminal Procedure Act, and the part of the judgment below's "application of the law" as the ground for appeal is "1."

arrow