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(영문) 인천지방법원 2012.11.23 2012노2881

게임산업진흥에관한법률위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The lower court’s imprisonment with labor for ten months is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. The crime of this case in light of the fact that the defendant, while comprehensively managing the speculative game site, had his accomplices engage in gambling and other speculative acts using the game product, as well as having them engage in money exchange business, and that there is a great harm to society, such as encouraging excessive speculative spirit to the general public and hindering sound labor awareness, etc., the crime of this case is not easy, and there is a need for strict punishment in that the crime of this case is not eradicated despite continuous regulation, and the defendant has been sentenced to a fine twice for the same crime, and if he committed the crime of this case, it is deemed inevitable to sentence sentence in that he committed the crime of this case.

However, in light of the following: (a) the Defendant has recognized all of the instant crimes when he was in the trial; (b) the Defendant has committed the instant crime; (c) has no record of being punished by a fine in excess of the Defendant; (d) there is a family member to support the Defendant; and (c) the Defendant has been detained for not less than three months due to the instant crime; and (c) the Defendant appears to have an opportunity to reflect on the Defendant’s punishment; and (d) the accomplices have both been sentenced to suspended execution; (e) the equity in sentencing with the same or similar incidents; (e) the Defendant’s age, character and conduct, family environment, and circumstances after the instant crime, etc.; and (e) the lower court’s punishment against the Defendant is

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court shall be as follows.