beta
(영문) 대전지방법원 2014.06.12 2014노355

게임산업진흥에관한법률위반등

Text

Defendant

The appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The fact that the judged defendant has no record of criminal punishment for the same crime is favorable to the defendant.

However, the crime of this case is that the defendant provided game products classified by the Game Rating Board by altering and provided them to users, and conducted speculative acts through free gifts and exchange, and there is a need to severely punish such social harm, such as encouraging a speculative spirit of the people and undermining sound will to work, and the crime is likely to have been committed systematically and systematically, in light of the fact that the crime is likely to have been committed in the game of this case, and the size of the place of business operation of the game of this case, etc., it is deemed that operating profit was reasonable in light of the fact that the defendant attempted to avoid liability from the investigative agency to the court below after the game of this case was controlled by the game of this case, and all other sentencing conditions such as the defendant's age, criminal records, environment, and circumstances before and after the crime, etc., it is not recognized that the sentence of the court below is unfair because it is too excessive.

(A) Although the Defendant asserts to the effect that he did not lead the instant crime, and that he was only passive to take part in the instant crime, the Defendant did not submit any material to prove it directly, even if so, in light of the fact that the Defendant entered into a direct lease agreement and entered into a game room book, it can be sufficiently recognized that the Defendant committed a crime like the instant charges in collusion with his name-free persons.

3. 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 groundless. It is so decided as per Disposition.