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(영문) 울산지방법원 2017.12.19 2017노1012
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against Defendant A (the imprisonment of eight months, the suspension of the execution of two years, the confiscation, and the observation of protection) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts and misapprehension of the legal principles, the above Defendant had attempted to operate the game of this case in the game of this case on one occasion against some customers who are the main owners of the game of this case and attempted to exchange the game of this case on one hand, and there was no conspiracy to commit the crime of illegal exchange business of this case.

2) The sentence of the lower court against the above defendant (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection) is too unreasonable.

2. We examine the judgment regarding Defendant A’s wrongful assertion of sentencing, and the period of the instant crime is relatively relatively short, and it appears that the said Defendant did not have any profit accrued from the said illegal business, and the said Defendant is the primary offender, and the Defendant’s depth reflects the mistake while engaging in the crime, etc. is favorable to the said Defendant.

On the other hand, the illegal game room business is highly harmful to society, such as encouraging a speculative spirit of the general public and hindering sound labor awareness, and there is a need to strictly punish the defendant as the business owner of the game of this case. The above defendant, as the business owner of the game of this case of the game of this case, is limited to the degree of participation in the crime, such as directly providing 60 games and house stuffs and acquiring profits directly from the operation of the game room, and the size of the game room is also considerable. In addition, considering all kinds of sentencing conditions of the argument of this case, such as equity in punishment with accomplices, relation to the above defendant's family, age, sexual conduct, environment, motive, means and consequence of the crime, etc., the punishment of the court below is deemed to be reasonable and appropriate, and it cannot be deemed unfair because it is excessively unreasonable.

Therefore, the above defendant's assertion is without merit.

3. Judgment on Defendant B

A. Determination of misunderstanding of facts and misapprehension of legal principles is made.

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