게임산업진흥에관한법률위반방조
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for one year.
Seized No. 1.
1. Summary of grounds for appeal;
A. As to Defendant A and B, the Defendants asserted that the punishment of the lower judgment (the punishment of Defendant A: imprisonment of 8 months; imprisonment of 8 months; and the confiscation of evidence Nos. 1 through 8) is too unreasonable, and the prosecutor is too unfasible and unfair.
B. As to Defendant C and D, the punishment of the lower judgment (each fine of two million won) is too unfilled and unfair.
2. Determination
A. Although Defendant A had been punished for the operation of a game hall in the building where the head of the game of this case was in the past, the possibility of criticism is very high in that Defendant A’s sub-leaseed the second floor of the building of this case and aiding and abetting the violation of the Act on the Promotion of Game Industry of Defendant B by aiding and abetting the violation of the Act on the Promotion of Game Industry of this case. Defendant A’s records that have been punished for the same kind of crime are several times, but Defendant A’s age, sex, environment, circumstances and motive leading to the crime of this case, and all other matters pertaining to the punishment specified in the records and changes of this case are considered appropriate. Thus, the lower judgment’s punishment is determined to be reasonable, and Defendant A’s improper assertion of sentencing and the Prosecutor’s improper assertion of sentencing against Defendant A is without merit.
B. Although Defendant B’s judgment as to Defendant B is short of the period of operation of the game of this case and the profits gained therefrom are low, the operation of the game of this case is deemed to have a high level of social prejudice, such as by promoting excessive speculative spirit to the general public and hindering sound labor awareness, and thus, it is necessary to punish Defendant B accordingly. Defendant B has the records of punishment for the same kind of crime; Defendant B operated the game of this case using a strong shot and broom, etc. for the purpose of avoiding police control; Defendant B operated the game room by installing or using a broom, broom, broom, etc.; and Defendant B’s age and gender.