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(영문) 창원지방법원 2012.11.29 2012노1408

게임산업진흥에관한법률위반등

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant C is against the nature of Defendant C and is in a position to support his family members, and the economic situation is difficult, the punishment imposed by the court below (5 million won of a fine) is too unreasonable.

B. In light of the fact that Defendant D’s economic situation is difficult and health conditions are not good, the punishment imposed by the court below (one million won of fine) is too unreasonable.

2. Determination

A. Even if there are circumstances alleged by the Defendant as to Defendant C, the crime of this case is deemed to have been involved in the business of a speculative game room in which the Defendant offered speculative game products whose classification was refused, and the nature of the crime is not good. The Defendant is not a simple employee, but rather a mere employee, and the degree of participation is not weak, such as providing the USB in which speculative game products were stored and mediating the sales of the game machine. The size of the game room of this case (20 games) is not small, but it seems that the amount of the game room of this case seems not to be small, and its profits is not large, and there is a large amount of social harm such as causing home wave by placing ordinary people in the game, which is highly likely to be punished, and there is a history of fine (7 times) punished by the Defendant several times, and the Defendant’s character, character and environment, the circumstances and result of the crime of this case, and the circumstances revealed after the crime, and there is no reason to believe that the above Defendant’s punishment is unfair.

B. Even if there are circumstances as alleged by the Defendant in the judgment on Defendant D, the instant crime was committed by the Defendant as an employee, and the nature of the crime is not good, and the size of the instant game room (23 games) is not small, and the profits therefrom are also small.