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(영문) 울산지방법원 2017.08.18 2017노646

게임산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (10 months of imprisonment and confiscation) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Determination is based on the following: (a) the period of the instant crime is relatively long; and (b) the benefit accrued therefrom does not seem to exist; and (c) the Defendant appears to recognize and reflect all of his mistake; and (d) the circumstances favorable to the Defendant are favorable to the Defendant.

However, the crime of this case was committed in a systematic manner by sharing the roles of multiple persons, including the defendant, and committed a secret crime in preparation for crackdowns, such as checking the face of and controlling access to the entrance, and the defendant plays a general role in operating and controlling the game of this case, and the degree of participation in the crime is most severe, and there are two criminal records of the same kind, including one suspended execution, disadvantageous circumstances against the defendant, such as the defendant's health status, age, sex, sex, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., it cannot be said that the punishment of the court below is within a reasonable and appropriate scope, and it is unreasonable for the defendant to take account of all the sentencing conditions as shown in the argument of this case, such as the defendant's health condition, age, sex, motive

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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.