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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.10.23 2015노4112
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence imposed by the court below on the Defendants (the defendant A: imprisonment of 10 months, confiscation, defendant B: imprisonment of 6 months and suspended execution of 2 years, probation, and community service order of 120 hours) is too unreasonable.

Judgment

Defendant

A There are circumstances to be considered in favor of sentencing, such as the fact that the Defendant has recognized all of the crimes and reflects against it when it comes to the trial, that the health condition is not good, that supports the family, that many of the people want the Defendant's preference, and that many of them want to take the Defendant's preference.

However, this case's business period (one year), the number of game machines (72) and the scale of the place of business are significant; Defendant has already been sentenced to a suspended sentence of imprisonment for the same kind of crime, such as the grounds for sentencing, Defendant's age, environment, motive, means and consequence of the crime, circumstances after the crime, etc. examined various conditions of sentencing, including the following: (a) the sentencing guidelines recommended sentencing guidelines [the range of recommending punishment] the first crime [the scope of punishment] the third category of illegal game products [the basic area (one year to one year), the basic area (one year to one), the number of game machines], the scope of business places; and (b) the punishment has already been imposed on Defendant; and (c) the punishment has already been imposed on Defendant for the same kind of crime; and (d) the sentencing guidelines (one year to two years) the sentencing guidelines imposed by the court below may not be considered within the scope of one month to one month (one year to one month) and one year to six months (one year to one month).

Defendant

B The lower court is only an aiding and abetting a defendant who fully acknowledges and reflects a crime.

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