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(영문) 인천지방법원 2013.11.29 2013노1950
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (a fine of KRW 15 million, confiscation) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized each of the crimes of this case as well as reflects his mistake, and that the defendant has no record of the same kind of crime.

However, in light of the fact that each of the crimes of this case was committed by the defendant by providing unclassified game products to customers, granting reusable tickets to the degree obtained through the use of game products, etc., and that there is a great harm and danger to society, such as encouraging excessive speculative spirit for the general public and impairing sound labor awareness, etc., the crime of this case requires strict punishment in that the nature of the crime is not negligible, and the game machine provided in the game of this case is not eradicated up to 40, etc., and the scale thereof is not small, taking into account the following factors: the defendant's age, family environment, and circumstances before and after the crime, etc., the sentence against the defendant 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.

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