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(영문) 의정부지방법원 2018.07.03 2018노195

게임산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 10 million, confiscation) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and is against the law.

The defendant is an initial offender who has no record of criminal punishment.

This is the circumstances favorable to the defendant.

However, the crime of this case is highly likely to be a crime with great social harm, such as promoting the gambling spirit of the people and impairing the awareness of sound labor.

On July 27, 2017, the Defendant committed a second crime because it was discovered that the instant crime was committed and was arrested as an offender in the act of committing the crime, and the Defendant did not go to abundled.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is obvious that “1. diagnosis and death certificate” in the summary of the evidence of the lower judgment is a clerical error, and thus, it is corrected to delete it ex officio pursuant to Article 25(1) of the