beta
(영문) 인천지방법원 2015.03.06 2015노54

게임산업진흥에관한법률위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal by the defendant is that the punishment imposed by the court below against the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment is based on the following: (a) the defendant has no record of punishment for the same kind of crime; (b) the period of operation of the game room revealed to be relatively short; (c) the defendant appears to have not obtained any particular benefit from the crime of this case; and (d) other factors of sentencing indicated in the records, such as equity with criminal punishment for other crimes similar to the crime of this case (in particular, accomplice), the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case; and (e) the circumstances before and after the crime of this case, the sentence imposed by the court below on the defendant is somewhat inappropriate. Thus, the above argument by

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Provisions of applicable Acts to criminal facts and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of the Game Industry Selection and Punishment, Article 30 of the Criminal Act, Article 44 (1) 12 and Article 32 (1) 1 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 30 (1) 1 of the Act on Regulation and Punishment of Speculative Acts, etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Act on Special Cases concerning Speculative Acts, Etc.