beta
(영문) 부산지방법원 2013.07.04 2013노1231

게임산업진흥에관한법률위반

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of 10 months, and Defendant D.

Reasons

1. The decision of the court below (the defendant A: imprisonment with prison labor for 10 months and confiscation, defendant D: imprisonment with prison labor for 8 months and confiscation) against the defendants in summary of the grounds for appeal is too unreasonable.

2. As to each of the instant crimes, a serious warning is needed for the Defendants with severe social harm, such as promoting the public’s spirit of gambling, failure of home economy, etc. in the business of a speculative game room using illegal, altered game products, such as the instant crimes.

However, there are circumstances under which both the Defendants were engaged in the illegal gambling game room business through confinement for not less than seven months and did not repeat the crime. In the trial, the unemployment share of the I Gameland of this case was practically discussed. In the case of Defendant A, there is no record of criminal punishment within the past 20 years, and there is no record of criminal punishment for the same kind of crime, and there is no record of health, and Defendant A had to care for the aged children under the condition that they were punished by the illegal gambling game room business. In the case of Defendant D, it was limited to a minor fine in around 2008, even though there was the previous case where they were the children of a person who has rendered distinguished service to the State, who had been punished by the illegal gambling game room business, and the mother, U.S. heading with Madial V promised to use the defendant's life for the above defendant's life, taking into account the circumstances that the court below sentenced the Defendants to the punishment of this case, including the degree of the defendant's motive and behavior in the above case.

3. As such, the part of the judgment below against the Defendants is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and this part is again reversed through pleading as follows.