게임산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, confiscation) is too unreasonable.
2. The Defendant appears to have committed the instant crime and committed a mistake.
In addition, the defendant was in charge of management in the game of this case operated by D and received 100,000 won per day from the game of this case, and the degree of participation is not much severe.
In addition, the game of this case is operated for about 25 days and its operation period is not serious, and it seems that the amount of profit earned by the defendant as a result of the crime of this case is not significant. The fact that the defendant did not have any record of punishment until now, and that the defendant supports his daughter who was born to his wife and his baby for 18 months since he was born to his baby is the most favorable to the defendant.
However, the crime of this case is a business of exchanging the result obtained through the use of game products in collusion with D, etc. by the defendant, and the punishment of the unlawful act is not against the law.
Furthermore, even though the Defendant was sentenced to the suspension of execution on September 15, 201, for the same kind of crime, violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.), violation of the Military Service Act, and violation of the Military Service Act, etc., the Defendant again committed the instant crime even if he/she had been under suspension of execution as determined on September 15, 201, and was under suspension of execution, it is difficult to view that the risk of recidivism is low.
In addition, in full view of the following circumstances: (a) the Defendant has been subject to suspended sentence one time prior to the instant crime; (b) the Defendant has been subject to punishment eight times of fines; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the instant crime; and (e) the circumstances after the instant crime, it is not recognized that the sentence determined by the lower court is too
The defendant's ground of appeal cannot be accepted.
3. Conclusion.