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(영문) 광주지방법원 2016.01.07 2015노3022

게임산업진흥에관한법률위반

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All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal (Defendant A: 6 months of imprisonment, Defendant B: 6 months of probation, 2 years of probation, 120 hours of community service order, Defendant C: fine 2,00,000, each confiscation) is too unreasonable.

Judgment

The fact that the defendants are divided into and reflected against their own mistakes, the fact that the defendants A and C had been faithfully living without criminal records so far, and the fact that the defendants B did not have any record of punishment for the same kind of crime is favorable.

However, the crime of this case requires strong social harm, such as providing altered game water to customers and actively exchanging results obtained through the use of the game product, such as undermining order in the game product distribution. Defendant A's participation as the owner of the game product of this case, the degree of participation in the game hall's operation period, profits gained therefrom, etc. In light of the crime of this case, Defendant B takes charge of exchanging the main business in the crime of this case, Defendant C is an employee, Defendant C is in charge of aiding and abetting the crime of this case. The court below seems to have taken into account the favorable circumstances for the Defendants, and there is no change in other circumstances that may be newly considered in sentencing after the sentence of the court below, and all of the sentencing conditions for the crime of this case such as age, sex, environment, the circumstances and result of the crime of this case, and the sentencing guidelines for the establishment of the Sentencing committee [No one month or six months recommended to provide the specific game product of this case]. The scope of punishment (no one to six months recommended to provide the specific game product of this case].