게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
One copy of the seized mobile phone(s).
1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.
2. The crime of this case in collusion with A, an employee, was committed from August 1, 2013 to December 4, 2013 by the Game Rating Board and provided 13 games for an unspecified number of customers who did not receive a rating at the Game Rating Board, and then exchanged the result of the acquisition through the use of the game product. It is not easy that the crime of this case is committed against the defendant. The crime of this case is committed against the defendant, which is disadvantageous to the defendant, in light of the seriousness of the social harm and harm, such as encouraging the gambling spirit of the general public and undermining the will to work, and it is inevitable that the severe punishment is inevitable. The defendant was sentenced to a suspended sentence of ten months for a violation of the Game Industry Promotion Act by the Changwon District Court on August 31, 2012, and the judgment became final and conclusive during the suspended execution period.
However, in full view of all the circumstances that form the conditions for sentencing as shown in the records and pleadings, including the confession of the defendant and the living under detention for more than eight months, the size of the game room operated by the defendant is not large, and the character, conduct and environment of the defendant, the circumstances and consequences of the crime of this case, and the circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable. Thus, the above argument by the defendant is reasonable.
3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;