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(영문) 대구지방법원 2014.04.24 2013노3490 (1)

게임산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for eight months, two years of probation, 80 hours of community service, confiscation) imposed by the court below is too unreasonable.

2. The Defendant, around 2010, has no record of criminal punishment in addition to the punishment of a fine twice for another crime, and recognized the instant crime, and is in depth divided and is responsible for the livelihood of his family.

However, such as the crime of this case, illegal game room business, such as the crime of this case, is inevitable to severely severely punish the social harm, such as encouraging the gambling spirit of the general public, undermining the will to work, causing the failure of home economy.

Even though the actual period of operation of the game of this case was relatively short due to the control, the number of the game machine provided for use was not small as 40.

Examining the equity in the punishment with other similar cases, and all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence of the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.