게임산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. In light of the following facts: (a) the Defendant committed the instant crime because he/she was well aware of the law; (b) the Defendant was responsible for his/her family’s livelihood while supporting her husband who is a disabled person; (c) the Defendant has no economic ability to pay a high amount of fine; and (d) the Defendant has no history of criminal punishment, the sentence (amounting to five million won) imposed by the lower court is too unreasonable.
2. In full view of the fact that the crime of this case is not small in size, and that the Defendant was non-cooperative in the investigation by the investigative agency, such as not disclosing a manager who actually managed the “C party room” and the game of this case installed therein as indicated in the facts charged, and all kinds of sentencing circumstances indicated in the records and arguments of this case including the Defendant’s age, sexual conduct, environment, motive for the crime, criminal history, etc., including favorable or unfavorable circumstances, the lower court’s punishment is too excessive and it cannot be determined that the Defendant exceeded the reasonable scope of discretion, even considering the various circumstances alleged by the Defendant on the grounds of appeal.
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.