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(영문) 대전지방법원 2017.09.27 2017노1487

게임산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment, and confiscation) is too unreasonable.

2. Determination is a favorable condition that the Defendant recognized all of the instant crimes and reflects the mistake in depth, the period of operation of the game room is relatively short, and the Defendant’s health status is not good.

However, the crime of this case requires strict punishment for crimes with great social harm, such as encouraging excessive speculative spirit to the people and hindering sound labor, and thus, it is unfavorable for the defendant to commit the crime of this case without being aware of it during the period of repeated crime, and there is a history of punishment for the same kind of crime (the punishment, suspension of execution, and fine).

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, and circumstances after the commission of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, the lower court’s punishment is excessively unreasonable.

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

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