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(영문) 대구지방법원 2019.10.11 2019노1632

게임산업진흥에관한법률위반등

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All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor (hereinafter “Defendant D”)’s sentence against Defendant D (one year and two months of imprisonment and additional collection) is too unhued and unreasonable.

B. Each sentence of the lower court against the Defendants (the Defendant A: imprisonment of one year and six months, confiscation, additional collection, and Defendant C: imprisonment of eight months and two years of probation, order to attend education, additional collection, and Defendant D: imprisonment of one year and two months and additional collection) is too unreasonable.

2. Determination

A. The favorable circumstance is that Defendant A’s judgment on Defendant A’s assertion is against his own mistake.

However, the contents of each of the crimes of this case are as follows: (a) the game room is operated, a game machine with contents different from the contents of the rating classification is provided to customers; (b) customers exchange the result obtained through the game product; (c) customers receive and administer phiphones; (d) each crime is highly harmful to individuals and society; and (e) continuous control is not easy to eradicate it; (b) there is a need for severe punishment; (c) considering the status and role of Defendant A in the operation of the game room, the period and size of the game room, and the frequency of phiphones, etc., the crime of this case is very heavy; (d) Defendant A was punished several times for the same crime; and (e) Defendant A committed each of the crimes of this case without being well aware that it was committed even after the suspension period of the execution due to the operation of the game room, and (e) other unfavorable circumstances such as Defendant A’s age, character and behavior, environment, motive, means and consequence of the crime, etc., which are the conditions for sentencing after the crime.

Therefore, Defendant A’s assertion is without merit.

B. Defendant C’s.