게임산업진흥에관한법률위반방조
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.
2. The judgment that the defendant led to the confession of criminal facts, the defendant has no criminal records heavier than that of the same criminal records or fines, the defendant was not involved in the business of the game of this case, and the defendant aiding and abetting the operation of the game of this case, even though it is recognized that the crime of exchanging game scores obtained in cash at the game of this case like this case requires strict punishment of social harm, such as promoting the general public's gambling spirit and neglecting the home economy. The period of the crime is not less than 2 months, the defendant is not less than 11 months, the defendant has been punished for the crime of this case, and the defendant is not absent the trial procedure, etc. In addition, considering the defendant's age, character, conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., the prosecutor's assertion that the defendant's punishment imposed by the court below is inappropriate because it is somewhat unfilled and it is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of and Promotion of the Game Industry, and Article 32 (1) of the Criminal Act;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 44 (2) of the Confiscation Industry Promotion Act;