게임산업진흥에관한법률위반등
The judgment below
Part concerning each crime of No. 1 of the judgment shall be reversed.
As to each crime listed in Article 1 of the judgment of the defendant.
1. The summary of the grounds for appeal (e.g., both types of crimes of No. 1 on the market: fines of three million won and fines of three million won: imprisonment with prison labor of six months and confiscation) of the court below is too unreasonable.
2. The judgment ex officio (as to each of the crimes in paragraph 1 above) provides that the application of the law should be clearly stated in the reasoning of the judgment when a sentence is sentenced, prior to the judgment on the grounds for appeal in this part of the defendant's grounds for appeal.
However, the lower court sentenced a fine of KRW 3 million to each of the crimes listed in Article 1 of the judgment, and ordered the custody of a workhouse in the event that the fine is unpaid, but omitted the entry of the applicable legal provision regarding the detention of a workhouse in the column of the application of the law of Section 4 of the lower judgment.
Therefore, the part of the judgment of the court below regarding each crime of Article 1 of the judgment of the court below is no longer maintained.
3. Determination of the Defendant’s assertion of unfair sentencing (as to each crime of No. 2 on the market) is based on the Defendant’s assertion of unfair sentencing (as to each crime of No. 2 on the market), the Defendant appears to have committed the crime of this part, but on the other hand, there is a need to strictly punish the Defendant’s social harm, such as promoting the public’s spirit of gambling and undermining his will to work. ② The Defendant was investigated by an investigative agency on October 6, 2010, immediately after being investigated in relation to the charge of aiding and abetting a violation of the Game Industry Promotion Act as indicated in paragraph (1) of the judgment, the Defendant committed this part of the crime of directly opening an illegal game, ③ the Defendant was committed during the suspension of execution, ④ the size or sales of the illegal game room operated by the Defendant appears to be considerable, and taking into account various sentencing conditions, such as the Defendant’s age, character and behavior, environment, means and method of the crime, circumstances after the crime, and sentencing finalized by sentence on accomplices, etc., it is unreasonable to impose punishment.