게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
7 million won shall be additionally collected from the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the additional collection of 10 months imprisonment and 7 million won) is too unreasonable.
2. In light of the fact that the act of running a speculative game, as in the instant case, is highly likely to cause social harm, such as promoting a speculative spirit of the public and undermining sound labor awareness, and that the crime continues to exist and spread in various ways despite the continuous control and punishment by an investigative agency, regardless of the fact that the Defendant is the owner of the instant game, does not disclose the substance of the case, and is not present at the trial of the lower court, etc., it is inevitable to sentence the Defendant to a sentence.
However, in view of the fact that the defendant confessions all of the crimes and reflects on the defendant, that the defendant had no record of being involved in the illegal game room before, and that the defendant was detained for four months near the case in favor of the defendant, the sentence of the court below that sentenced the defendant for ten months seems to be somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “the Defendant’s oral statement at the trial” to “the summary of evidence” column of the lower court’s judgment, it is identical to each corresponding column of the lower court’s judgment; and (b) thereby, it is acceptable in accordance
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of Punishment and Promotion of Game Industry, and Article 30 of the Criminal Act;
1. Article 44 (2) of the Act on the Promotion of Additional Collection of Game Industry (one million won presumed daily revenue x seven days);