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(영문) 서울북부지방법원 2016.01.06 2015노1943

게임산업진흥에관한법률위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is committed by the defendant in collusion with D, C, and E, who is co-offenders, and operated a game room by installing game water which was not rated under mutual roles and providing them for use by customers, and exchanging the results obtained through the use of game water. The nature of the crime is heavy. The method and method of the crime are intelligent planned and organized. The defendant was sentenced to three years of imprisonment with prison labor for the same crime at the Seoul Eastern District Court on January 18, 201 and was sentenced to three years of suspended execution, but he did not know about the crime of this case under the same law. The degree of the defendant's participation in the crime of this case is not less unfavorable than co-offenders, and the defendant's failure to comply with the request of an investigative agency and escape are disadvantageous to the defendant.

However, in light of the above facts, the defendant recognized the crime of this case for the first time and against the defendant, the business period operated by the illegal game room is not long, the suspended sentence was revoked due to the crime of this case, and the defendant lives in custody for more than one year and six months up to now, and the defendant's age, sex, environment, family relationship, balance of sentencing with the defendant, the course and result of the crime of this case, and the circumstances after the crime of this case, etc., the court below's punishment against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Judgment of the court] The criminal facts and summary of the evidence are facts constituting the offense and the evidence.