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(영문) 광주지방법원 2014.10.08 2014노1792

게임산업진흥에관한법률위반

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment with prison labor for one year.

Reasons

Summary of Grounds for Appeal

Each sentence of the lower court against the Defendants is too unreasonable as follows.

Defendant

A: Defendant C: Imprisonment with prison labor for a year, April, confiscation, additional collection of KRW 4,50,000: Defendant D: imprisonment for a period of six months: Defendant D: Defendant A’s crime of this case with the judgment of August 1, 200, which interferes with the general public’s desire to work and encourage speculative spirit, requires strict punishment due to serious social harm; and Defendant’s profits from this case’s crime are also considered to be disadvantageous.

However, it is advantageous to the fact that the defendant's mistake is recognized, the game room operated by the defendant is only one criminal, and the period of the crime remains less than one month. In full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, character, and environment, etc., the court below's punishment is unlimited and unfair. Thus, the above argument of the defendant is reasonable.

Defendant

B The crime of this case requires strict punishment as above, and the fact that the crime of this case is committed continuously and repeatedly for about 1 year while operating a four game room, and that the period of crime is long and the profit is expected to be large amount, etc. are not good.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the first offender was the first offender; and (c) the self-denunciation of a part of the Defendant was favorable; and (d) other factors of sentencing as indicated in the instant pleadings, such as the background of the instant crime, the circumstances after the commission of the crime; (b) the Defendant’s age, character and conduct; and (c)

Defendant

C The crime of this case requires strict punishment as above, and the fact that the defendant acquired KRW 2.5 million due to the crime of this case is disadvantageous.

However, the defendant himself.