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(영문) 울산지방법원 2017.11.10 2017노1020

게임산업진흥에관한법률위반등

Text

Defendant

All appeals filed by A, D, F and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, D, or F’s sentence (Defendant A: imprisonment with prison labor for one year, etc.; fine of five million won for Defendant D; and fine of 1.5 million won for Defendant F) imposed on the Defendants is too unreasonable.

B. The punishment sentenced by the court below to Defendant P (al.e., an amount of eight million won) is too unhued and unfair.

2. Determination on the Defendants’ appeal

A. Defendant A had the attitude of recognizing and opposing a criminal act, and there was no record of punishment for a crime related to the game industry before the instant case, and according to the criminal facts in the judgment, there was a favorable circumstance for the Defendant, such as the fact that the period of operation of the game hall was not long.

However, the operation of a game hall which encourages speculation by means of money exchange for the result of a game itself needs to be strictly punished as a crime with great social harm; the defendant led the act of money transfer, etc. as a business owner; even in the case of a fraudulent crime, it is highly likely to be subject to criticism by taking advantage of the circumstances of the victim who wants to find a job into active means; in particular, the defendant committed each of the crimes of this case without being aware of himself during the period of repeated crime due to a violation of the Narcotics Control Act (e.g., violation of the Act on the Control of Narcotics, Etc.); and the fact that there has been several records of punishment for fraud, etc., which are disadvantageous to the defendant, such as the defendant's age, sex behavior, environment, family relationship, criminal record, motive and circumstance of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the defendant, it cannot be deemed unfair because the court below's punishment is too excessive and unfair.

Therefore, the above defendant's assertion is without merit.

B. Defendant D and F appear to have an attitude to recognize and reflect a crime, the Defendants did not have any history of punishment for the same crime, and Defendant D’s case.