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(영문) 대전지방법원 2014.04.10 2013노2444

게임산업진흥에관한법률위반

Text

The appeal by the prosecutor is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (two months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too uneased and unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, in light of the fact that the defendant changed game products rated by the Game Rating Board to be run and provided to customers regardless of the ability of the game user, which is highly likely to cause gambling to many unspecified customers, and the nature of the crime is difficult to be deemed to be light in light of the size, period, operation behavior, etc. of the game room.

However, in full view of the following: (a) the Defendant led to the instant crime; (b) there is no record of being sentenced to a suspended sentence or heavier punishment for the Defendant; (c) there is no record of criminal punishment for the same crime; and (d) it appears that the Defendant did not proceed to the act of exchanging premiums obtained from the use of game products against customers; and (c) the sentence of the lower court is too unreasonable, taking into account all the sentencing conditions, such as the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.