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(영문) 부산지방법원 2014.09.25 2014노2348
사행행위등규제및처벌특례법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for six months, and Defendant C shall be punished by a fine of 500,000 won.

Defendant .

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (Defendant 1: Imprisonment with prison labor for 6 months, and fine for 1.5 million won) is too large.

2. In light of the following circumstances: (a) the Defendants led to the confession of all of the instant crimes; (b) there is no same record to Defendant A; (c) Defendant C was the first offender; (d) the size of the game room operated by the Defendants and the profits earned by the Defendant were not relatively significant; and (c) other various circumstances, which include the motive and circumstances of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendants’ age, character and conduct; and (e) the conditions of sentencing specified in the instant records and arguments, such as the circumstances following

3. As the Defendants’ appeal is with merit, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the lower judgment is reversed and the judgment is rendered again as follows.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are all the same as the entries in 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. Defendant A of the pertinent legal provision on criminal facts: Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the point of a speculative business), Article 44 (1) 2, Article 32 (1) 1 of the Act on Promotion of the Game Industry (the point of providing ungrade game products), Article 44 (1) 2, and Article 32 (1) 7 of the Game Industry Promotion Act (the point of providing refund business): Defendant C: Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., Article 32 (1) of the Criminal Act, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry, Article 32 (1) of the Criminal Act (the point of aiding and abetting the use of ungrade game products), Article 44 (1) 2, Article 32 (1) of the Act on Promotion of the Game Industry, Article 32 (1) of the Criminal Act;

1. Punishment;

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