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(영문) 춘천지방법원 강릉지원 2014.10.07 2014노335
게임산업진흥에관한법률위반
Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant B (unfair punishment) (two years of suspended sentence for one year of imprisonment, two years of probation, and one hundred and sixty hours of community service order) is too unreasonable.

B. The prosecutor’s (unfair punishment) sentence of the lower court against the Defendants (two years of suspended sentence for one year of imprisonment, two years of probation, and one hundred and sixty hours of community service order) is deemed to be too unhued and unreasonable.

2. The decision of this case is that the defendants exchanged the game in the course of operating the game room, and the crime related to illegal game products requires strong social harm, such as promoting speculation and impairing the people's sound sense of labor, and the nature of the crime cannot be deemed to be less severe in light of the fact that the defendant B was punished for the same kind of crime, and that the defendant B was punished for the same kind of crime, the court below's punishment against the defendant B cannot be deemed to be unfair.

Meanwhile, in full view of the sentencing conditions indicated in the instant case, such as the Defendants’ confession of the facts of crime, the period of operation of the game room is relatively short, and there is no profit gained from operation, and the Defendants’ age, occupation, motive, means and consequence of the crime, etc., as a whole, the lower court’s punishment against the Defendants cannot be deemed as being too uneasible and unreasonable.

3. In conclusion, since each appeal against the Defendants by the Defendants B and the Prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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