게임산업진흥에관한법률위반
The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C A person shall be punished by imprisonment for one year.
except that this judgment.
1. The summary of the grounds for appeal (e.g., the defendants A: imprisonment of one year and two months; imprisonment of one year and six months; imprisonment of one year and six months; and imprisonment of one year and six months) against the defendants is too unreasonable.
2. Determination
A. The fact that Defendant A confessions the fact of crime, and there is no criminal record of the same kind, etc. are favorable to the above Defendant.
On the other hand, Defendant A committed the instant crime during the period of repeated crime, in light of the fact that Defendant A committed the instant crime during the period of repeated crime, the nature of the crime was poor in light of the size and the period of operation of the game room, and the crime related to illegal game products is promoting speculation and hindering the citizens’ awareness of sound labor, etc., which requires strong punishment against Defendant A.
In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including Defendant A’s age, occupation, motive, means and consequence of the commission of the crime, the lower court’s sentence against Defendant A cannot be deemed to be too unreasonable.
B. Defendant C has a record of being punished several times due to the operation of an illegal game room, and the size and operation period of the game room is not good, and there are unfavorable circumstances to the above Defendant, such as the poor quality of the crime.
However, there are many favorable circumstances for Defendant C, such as Defendant C’s age, occupation, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against Defendant C is too unreasonable in light of the following: (a) Defendant C’s confession of the facts of crime; (b) Defendant D’s operation of Defendant D’s game room was merely to the extent that it is relatively insignificant; and (c) Defendant C’s children should support.
C. Although Defendant D made a confession of a crime in the first instance, Defendant D denied the crime until the judgment of the lower court was rendered, and operated as an illegal game room.