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(영문) 부산지방법원 2015.03.19 2015노13

게임산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and confiscation) is too unreasonable in light of the various sentencing conditions in the instant case.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case, and that there was no record of punishment for the contents similar to the crimes of this case before.

However, the crime related to the use and provision of illegal game products and the operation of the illegal game room is highly likely to cause severe social harm, such as promoting a speculative spirit of the general public and causing failure in the home economy, and there is no change of circumstances that may be considered in the sentencing from the judgment of the court below to the judgment of the court below. In addition, taking into account the following circumstances, comprehensively taking into account the defendant's age, health status, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is too heavy.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the following subparagraph 2 of Article 48(1) of the "Criminal Procedure Act" shall be corrected: (i) the "Act No. 8 of March 24, 2013," as "No. 24 March 2014," and (ii) the application of the statute; (iii) the forfeiture of Article 48(1)1 of the "Criminal Procedure Act".