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(영문) 부산지방법원 2016.04.08 2015노4646

게임산업진흥에관한법률위반

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for one year, and Defendant B for eight months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment of one year, confiscation and collection of 50,000 won, Defendant B: imprisonment of ten months, and Defendant C: imprisonment of six months) is too unreasonable.

2. The crime of violation of the Act on the Promotion of the Game Industry of this case was committed by the defendants exchange the result obtained through the game water in the game room. The crime of violation of the Act on the Promotion of the Game Industry of this case is not less severe than the nature of the crime in light of the seriousness and harm of the society such as encouraging a general public's gambling spirit and undermining the desire to work. The crime of violation of the Act on the Promotion of Road Traffic of this case was committed by the defendants B, who operated the game in the game room of this case without a license, was exchanged from the above vehicle. The game room of this case was up to 40, the game room of this case was up to 40, the defendant A was sentenced to a fine twice due to the same crime, the defendant B was sentenced to a suspended sentence once, and the defendant C was sentenced once a fine and the defendant C was sentenced to a fine.

However, in full view of the fact that the defendants recognized the crime of this case and reflects their mistakes in depth, the business period was not only three days but also did not have much operating profit, the defendants' family members are supported by the defendants, the defendants are working and living as company members after the crime of this case, and the defendants seems to have worked and living as the members of the company after the crime of this case, and other circumstances that form the conditions for sentencing on the records, such as the defendants' age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, the court below's punishment is too unreasonable.

3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows.

Criminal facts

b) the summary of the evidence and evidence.