beta
(영문) 부산지방법원 2013.05.02 2013노256

게임산업진흥에관한법률위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Busan District Public Prosecutor's Office that was seized in 2012.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and two months of imprisonment, and confiscation) is too unreasonable.

2. As to the crime of this case, the illegal gambling game room business in the form of exchanging the outcome obtained through the use of a game product in cash, such as the crime of this case, is highly harmful to the society by promoting a speculative spirit of the general public and failing to perform home economy, etc. The defendant who committed the crime of providing a game product which was not rated again while being investigated by an investigative agency while being investigated by the exchange act in the judgment, etc., and the crime of providing a game product which was not rated again, and the criminal acts are intelligent and provided for a crime, and the speculative nature of the game product which was provided for a crime, should be punished strictly by the defendant. Thus, it is inevitable to sentence

However, the defendant shows the attitude of reflecting the defendant's mistake when he was in the trial, and there is no record of the same kind of crime, and the defendant's wife has been living in prison for a long time since 2008, such as hospitalized treatment, knee and scare surgery due to knee and scare, etc. over ten times due to disease such as knee and scare, etc., and he takes gne-type surgery by using a wooden disc. The defendant's wife also needs to continuously observe and treat the defendant's congenital long-term type of congenital organ. The defendant's wife is in need of constant observation and treatment, and the defendant's above situation in which he participated in the crime of this case in order to prepare the above wife's and her father's medical treatment, and taking full account of the defendant's age, character and character, environment, etc., it is reasonable to deem that

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by this Court is legitimate in the judgment of the court below in the first instance part of 2012 order8265.