(영문) 창원지방법원 2014.09.24 2014노1617 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.09.24 2014노1617

게임산업진흥에관한법률위반

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case was committed in collusion with B by the Defendant, setting up 25 game flags which were not rated from around November 29, 2013 to December 19, 2013, and offered them to customers for their use, and exchanged points obtained by customers using the said game machine. The crime related to illegal game room business requires strict punishment in light of the seriousness of social harm and harm and harm, such as encouraging the general public’s speculative spirit and undermining their desire to work, etc. The Defendant was released on November 18, 201 from the Changwon District Court for the same crime on April 30, 201, and was released on April 17, 2012 during the execution of the sentence, thereby committing the crime of this case at any time, which was committed against the Defendant.

However, in full view of the following circumstances: (a) the Defendant took an attitude to recognize and reflect his mistake; (b) the operation of the game of this case is relatively large; (c) the operating scale of the game of this case is not long; (d) equity with other accomplices; (e) the Defendant’s age, character and conduct; (e) character and environment; (e) background, means and consequence of the crime; and (e) the conditions of sentencing specified in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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