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(영문) 인천지방법원 2018.04.12 2018노561

게임산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant (a prison term of eight months and confiscation) is too unreasonable.

2. The following facts are revealed: (a) the Defendant recognized his mistake and reflects the Defendant, and there is a family member to support the Defendant; (b) the instant crime was operated by an illegal means using the game water that the Defendant had altered; (c) the Defendant’s age, health, sex, environment, motive, means and consequence of the crime; (d) the crime was controlled once and once, at the same place where the same crime was committed; (e) the crime related to illegal game water was committed against the general public; and (e) the overall society was committed against the general public; and (e) the head of the game was large and large number of games (80,000 won per time); (e) the Defendant committed the instant crime even though he had been sentenced to a fine of KRW 3 million for the same crime around 2008; and (e) there were no new circumstances to consider the sentencing after the pronouncement of the lower judgment; and (e) the Defendant’s age, health, sex, environment, motive, means and result of the crime; and (e) all the sentencing guidelines and sentencing of the commission are too inappropriate.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition [Article 364(4) of the Criminal Procedure Act: Provided, That cash (Evidence 2, No. 1267, No. 1267, No. 2017, No. 1186, No. 3, No. 1186, No. 2017, No. 2017, No. 5, No. 2017, No. 2017, No. 3, No. 5) among seized articles is money that the Defendant’s game room puts into the game machine and was in the game machine. This is because “goods acquired through criminal acts”, and therefore, the part