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(영문) 대전지방법원 2013.04.04 2012노2722

게임산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. The judgment is based on the following facts: although the defendant's mistake is not significant in benefits obtained from the crime of this case, and his mistake is divided in depth, while suffering from economic difficulties, it is inevitable to automatically commit the crime of this case without being aware of it during the period of repeated crime resulting from rape and injury, the crime of this case is committed without being aware of it during the period of repeated crime due to rape, and the crime using the business of the speculative game room requires severe punishment of harm to society, such as promoting excessive speculative spirit to the general public, undermining sound labor, and undermining the awareness of sound labor. The size of the game machine provided for the crime of this case is not smaller than 90, and the defendant's age, character and behavior, environment, motive, means, and result, etc., and considering various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means, and consequence before and after the crime, the judgment of the court below is too unreasonable. Thus, the defendant's above assertion is without merit

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.