(영문) 대전지방법원 2017.02.07 2016노3296 | 리걸엔진

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(영문) 대전지방법원 2017.02.07 2016노3296

게임산업진흥에관한법률위반등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant introduced the president for the business of A, or prepared to manage as the head of the business division, and the Defendant constitutes an aiding and abetting crime, not a joint principal offender.

B. The sentence of the lower court’s unfair sentencing (five months of imprisonment, confiscation) is too unreasonable.

2. The following circumstances, which can be acknowledged by evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts and misapprehension of legal doctrine, namely, ① the Defendant requested I to prepare a lease agreement to lease the building where the game site of this case is located in the early June 2012, and participated from the business beginning of the game site of this case; ② the Defendant was working in the game site.

According to H’s statement of investigative agency, the Defendant was the head of the game funeral’s office to connect him with the head of the game room’s business and the head of the business division, and ③ also the Defendant has been responsible for the degree of 15 employees and the entire management of the game room.

In full view of the facts stated in the lower judgment, the Defendant is naturally a co-principal as well as co-principal by having a functional control over the instant crime as stated in the facts constituting the crime of this case, and it cannot be deemed that it is merely an aiding and abetting the instant crime by A, etc.

The above assertion by the defendant is without merit.

3. As stated in the reasoning of the sentencing, the lower court determined the Defendant’s punishment by fully taking account of the overall circumstances as to the sentencing of the Defendant, and it is within the reasonable scope.

As there is no circumstance that can be newly considered in the trial, the sentence of the court below is too unreasonable because the sentence of the court below is too unreasonable.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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