게임산업진흥에관한법률위반등
Of the judgment of the first instance, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant .
1. Summary of grounds for appeal;
A. misunderstanding of facts (the violation of the Punishment of Violences, etc. Act) Defendant A did not have any fact about flapsing the victims, and did not have any physical contact with the victims.
B. The Defendant, at the time of committing the instant joint injury (Defendant A), was in a state of mental disorder or mental disorder under the influence of alcohol.
C. The sentence of the first instance court (Defendant A: Imprisonment with prison labor for a year and April, Defendant B: Imprisonment for a period of six months, suspended execution for a period of two years, and community service order for a period of 80 hours) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the first instance court as to Defendant A’s assertion of mistake of facts, the fact that Defendant A inflicted an injury on the victims in collaboration with Defendant B as stated in the judgment of the first instance court can be fully recognized.
Defendant
A's assertion of mistake of facts is without merit.
B. According to the record, Defendant A’s mental and physical assertion of the mental disorder of Defendant A is deemed to have served alcohol at the time of committing the instant joint injury, but in light of the background, means and methods of the crime, and the circumstances after the crime, etc., Defendant A did not have the ability to engage in the right and wrong, or make a decision, due to drinking at the time.
There was no or weak state.
Defendant
A’s assertion of mental disorder is without merit.
C. As to the Defendants’ assertion of unfair sentencing, Defendant A’s crime related to Defendant A’s Internet gambling site requires strict punishment on the grounds that social harm is serious, such as (i) encouraging the general public to commit a speculative spirit, impairing the awareness of sound labor, and causing the failure of the ordinary people’s family economy.
Defendant
A took part in the role of a board to recruit gamblings in the crime related to the Internet gambling site of this case, and the amount of profits acquired thereby is not small.
In addition, even though there has been a history of punishment several times for past violent crimes, this case is also applied.