게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, confiscation) is too unreasonable.
2. The crime related to the provision for the use and provision of illegal game products and the operation of the illegal game room is highly likely to cause severe social harm, such as promoting the gambling spirit of the general public and causing the failure of home economy. In particular, as to the crime of this case, the crime of using and providing a game product at the “one-class game site” is a new type of crime that makes it possible to use the ungrade game product by accessing the overseas site through the bypass program of VPN, and is showing a trend spreading in the recent cancer, and thus, it is disadvantageous to the point that it is necessary to eradicate it early and cope with it in order to prevent its spread.
However, the defendant, who has no record of punishment for the same kind of crime, is in depth divided and reflects his mistake, and since the size of the illegal game room operated by the defendant is considerably small, it is found that the defendant actually acquired the illegal profit compared to the business period. Above all, the defendant is the most supported by the wife and the first step, who is the first step of supporting the children past the side, and is able to find a new occupation with the second grade certificate of electrical engineer and live faithfully with his family, so the risk of repeating the crime is expected to be considerably reduced, and the punishment of the court below that sentenced to the punishment is too excessive, considering the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, and environment.
3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court shall be as follows.