beta
(영문) 창원지방법원 2016.12.22 2016노1531

게임산업진흥에관한법률위반등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment of the first instance judgment (one year and eight months of imprisonment) is too small, and the prosecutor asserts that the punishment of the second instance judgment ( seven million won of a fine) is too small and thus unfair.

2. The judgment is based on the following facts: (a) the Defendant made a confession of all crimes while committing the crime; and (b) the fact that the gains acquired from the operation of the illegal game room are not significant are favorable grounds for sentencing; (c) the degree of the commission of the crime in relation to the violation of the Game Industry Promotion Act is not easy; (d) the AF and H provided a perjury for the concealment of the fact that they are unemployed in the illegal game room; and (e) the fact that the AF and H provided a perjury to E is three times the history of punishment for the violation of the Game Industry Promotion Act, and in particular, the fact that the Defendant committed the crime during

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment below’s punishment is deemed appropriate. Thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.