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(영문) 인천지방법원 2020.12.04 2020노2616

게임산업진흥에관한법률위반

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, additional collection of KRW 65,00, and Defendant B: imprisonment with prison labor for six months and six months), which the court below sentenced to the Defendants, is too unreasonable.

2. As to the crime of this case, exchanging game results in operating an illegal game hall, such as the crime of this case, would encourage the general public to commit a speculative spirit and undermining their will to work, and thus, it is highly necessary to punish Defendant A strictly. Defendant A asserted at the court below that he was the actual operator to conceal the actual operator of the game hall of this case, and the circumstances after the crime are not good, the degree of Defendant B’s participation seems not to be easy, and Defendant B had a record of criminal punishment for suspended execution due to the same crime, etc., which are disadvantageous to the Defendants.

However, the Defendants appears to have the attitude of recognizing and opposing the instant crime, and Defendant A appears not to actively participate in the operation of the instant game room in addition to the provision of the registered name of the instant game room for about 20 days, and Defendant A did not have any criminal record exceeding the same criminal record or fine, etc. are favorable to the Defendants.

In addition, considering the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, and circumstances after the crime, the lower court’s punishment against Defendant A is recognized to be somewhat unreasonable, and the lower court’s punishment against Defendant B is too unreasonable.

3. In conclusion, since the appeal by Defendant A is well-grounded, the part of the judgment below against Defendant A among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the appeal by Defendant B is ruled as follows. Since the appeal by Defendant B is without merit, it is dismissed pursuant to Article 364(4)

【Judgment against Defendant A】 Summary of the facts constituting a crime and the evidence