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(영문) 대전지방법원 2015.11.12 2015노482

게임산업진흥에관한법률위반등

Text

Defendant

All of the appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (unfair punishment) The sentence of the lower court (two months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The Prosecutor’s sentence (unfairness) of the lower court (10 months of imprisonment, 2 years of suspended sentence, 6 months of imprisonment, 2 years of suspended sentence, 3 years of suspended sentence, 1 million won of fine, 3 million won of fine, 3 million won of fine, 3 million won of fine) is too uneased and unfair.

2. Determination

A. The prosecutor's crime related to the illegal game room-related crimes on the prosecutor's assertion of unfair sentencing against the defendant A, D, E, and F is highly harmful to society, such as promoting an excessive gambling spirit of the people and undermining their sound work consciousness, and thus, need to be punished. The defendant A prepared to engage in speculative business by using game products on the sea which was not rated by the defendant A, and used electricity without permission in the process; the defendant E has a criminal record of being punished twice including the same criminal punishment; the defendant F not only was a criminal record subject to punishment for the same kind of crime but also committed the crime of this case during the period of repeated crime.

However, Defendant A, D, E, and F are against their own misconduct; Defendant A, and D do not have a criminal record of being punished for the same kind of crime; Defendant A was regulated before the actual commencement of the business; Defendant D, E, and F paid the full electricity fee used by the victim company; Defendant D, E, and F are relatively minor; Defendant A has a relatively minor degree of participation in the instant crime; and Defendant A has a little child to be healthy to support the above Defendants’ age, character and behavior, environment, motive, means and consequence; and all of the sentencing conditions, including the circumstances after the crime, are considered unreasonable.

B. The crime related to the illegal game room-related crimes of the defendant B and prosecutor on the assertion of unfair sentencing is promoting an excessive spirit of gambling by the people.