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(영문) 광주지방법원 2015.01.22 2014노2927

게임산업진흥에관한법률위반

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 5,00,000 won.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months and confiscation, the imprisonment of six months, the suspended execution of two years and the confiscation) of the lower court is too unreasonable; and

2. The crime of this case is deemed to have great social harm by encouraging the general public to commit an excessive speculative spirit, reducing their desire to work, failure the home economy, etc. Therefore, there is a need for strict punishment, and the game room is not short of the period of operation of the game room, and the size of the game room is considerable. However, the defendants recognized and reflects the crime of this case against the defendants, the defendants did not have the same criminal power, and the defendants B did not actively exchange or arrange the crime, the defendants did not seem to have any criminal power other than fines, and they did not appear to actively exchange or arrange the illegal game machine. In light of the favorable circumstances such as the degree of participation by the defendants, age, character and conduct, environment, the circumstances and result of the crime of this case, and the sentencing of similar cases, etc., the defendants' assertion of unfair sentencing is justified. Thus, the above defendants' assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except that the defendant’s statement in the trial court is added to “the defendant’s statement in the trial court at the trial court at the trial court at the trial court at the trial court at the trial court at the court below at all except for the addition of “the facts charged and the summary of the evidence

Application of Statutes

1. Article 44 (1) 1 and subparagraph 2 of Article 28 of the Act on the Promotion of Game Industry concerning facts constituting a crime;