게임산업진흥에관한법률위반
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
Defendant
B. .
. The fact that the crime is considerably poor, that the period of the defendant's operation of the game room cannot be deemed to be shorter than 15 days, and that the defendant again committed the crime despite the fact that he had the same criminal record, is disadvantageous to the defendant.
All of the sentencing conditions in this case, including these circumstances and the motive, means and result of the crime, the circumstances after the crime, the age, character and conduct, and environment of the defendant, and the scope of the recommended sentencing guidelines of the Supreme Court (one month from six months to two years);
1. Crimes First Crimes (Violation of the Act on the Promotion of the Game Industry following Conversion): Speculativeness and crime group of game products, provision for the use of illegal game products, etc., second types (transfer, transshipment brokerage, and repurchase business), basic areas, and imprisonment with labor for six months to one year and six months;
2. Second offense (violation of the Game Industry Promotion Act due to the provision of different game products): Class 1 (Provision of game products different from classification), basic areas, and the range of recommended sentences according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to two years, the sentence of the lower court is too unreasonable, in full view of the following: the first type (Provision of game products different from classification), the provision of illegal game products, etc.; and the scope of recommended sentences according to the standards for handling multiple crimes:
2. The fact that the defendant C recognizes and reflects the crime, that the defendant only worked as an employee of the illegal game room, and that the degree of participation in the crime is not much severe, and that the defendant's difficult economic condition is favorable to the defendant.
However, as seen earlier, the crime of this case is highly harmful to society, and it cannot be said that the nature of the crime of aiding and abetting the crime is good, and the defendant has been sentenced to a suspended sentence, and the fact that the defendant has the record of being sentenced to a fine due to the same crime is disadvantageous to the defendant.
These circumstances and the motive, means and result of the crime, the circumstances after the crime was committed, the age, character and behavior of the defendant, and the environment, etc., are selected as the sentencing criteria.