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(영문) 창원지방법원 2012.12.27 2012노2078

게임산업진흥에관한법률위반등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

As of March 16, 201, the seized evidence Nos. 1 through 11.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment and confiscation) is too unreasonable.

2. The following facts are acknowledged: (a) the crime related to the provision for the use and provision of illegal game products and the operation of the illegal game room is highly harmful to the society by promoting speculation and impairing the awareness of sound labor; and (b) the game machine was established in 40 each of the game places; and (c) the defendant was sentenced to 2 years of suspended execution for August 12, 2009 to be sentenced to 8 years of imprisonment for violating the Game Industry Promotion Act due to the violation of the Act on the Promotion of Game Industry in the Changwon District Court through the Changwon District Court on August 12, 2009; and (d) even though the judgment became final and conclusive on August 20, 2009, the illegal game place was operated again on the ground of the name of the branch office located in the same place as the place where the illegal game place was operated; and (e) the nature of the crime of continuing the operation of the illegal game place of this case on the ground of another branch office located in the same place after the first crackdown.

However, in full view of the following factors: (a) the Defendant recognized each of the instant offenses; (b) was detained for about four months for the Defendant to reflect the Defendant’s mistake in depth; (c) the Defendant’s health is not good due to urology, high blood pressure, chronic renals, etc.; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant offenses; and (c) the sentencing conditions specified in the records and arguments, such as the circumstances after the commission of the offense, are somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.