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(영문) 부산지방법원 2016.01.22 2015노3295

게임산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and confiscation) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s acknowledgement of the instant crime and reflects his mistake, the Defendant did not have any record of punishment for the same kind of crime, and the Defendant’s period of operation of the illegal game room is relatively short.

However, the crime of this case is that the defendant operated a private game room using 50 tables PC and carried on the game room business in cash after deducting a certain amount of money with respect to coophones obtained by customers. In light of the scale and method of the crime, etc., the case is not easy in light of the crime size and method, etc., the crime related to the illegal game room requires the punishment of a serious social harm, such as promoting the citizens' excessive spirit of gambling, and impairing sound labor awareness. There is no special circumstance or change of circumstances that may be newly considered at the appellate trial stage after the decision of the court below, and there is no other special circumstance or change of circumstances that may be newly considered at the appellate trial stage, and there is no other circumstances that are conditions for sentencing as shown in the records such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and the circumstances before and after the crime.

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.