beta
(영문) 수원지방법원 2013.04.04 2013노54

게임산업진흥에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment and two years of suspended execution) is too unfied and unreasonable.

2. In light of the judgment, the act of providing illegal game products, such as the crime of violation of the Game Industry Promotion Act, and exchanging the result obtained by using illegal game products is deemed to have a great harm to society by encouraging excessive gambling spirit to the general public and hindering sound labor awareness. Since the game period provided to the crime of violation of the Game Industry Promotion Act in this case exceeds 40 times, etc., it is necessary to severely punish such act.

However, in full view of various matters, including the fact that the Defendant was willing to refrain from committing the instant crime, and that the period of the instant crime was less than five days, etc., the Defendant’s age and happiness environment, etc., the Prosecutor’s assertion is rejected on the ground that the Defendant’s punishment against the Defendant is too uneasible to the extent that the lower court’s punishment should be reversed, and thus, is unreasonable.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.