logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.12.20 2018노3822
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one hundred months of imprisonment, confiscation) is too unreasonable because of the summary of the grounds for appeal.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The instant crime committed by the Defendant provided game products different from the contents of the rating and exchanged the outcome obtained from users by using the game products.

The crime related to the illegal game room needs to be punished strictly because of serious social harm, such as encouraging the gambling spirit of the general public and undermining the awareness of sound labor. In light of the size of the game room of this case, the period of operation of the game room of this case, the method of business, etc., the corresponding punishment is inevitable

When comprehensively considering the sentencing conditions, such as the Defendant’s age, living environment, family relationship (which must support the mother), and criminal records (which are concurrent crimes after Article 37 of the Criminal Act), there is no new change of circumstances that may change the sentence of the lower court in the trial, and the Defendant’s age, living environment, family relationship (which is to support the mother), the sentence imposed by the lower court is not hot since it was conducted within the reasonable scope of discretion.

3. According to the conclusion, Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure: Provided, That the first head of the crime of the lower judgment ex officio pursuant to Article 25 of the Rules on Criminal Procedure, “the Defendant was sentenced to a community service order of six months, suspension of execution two years, and 120 hours at the Busan District Court on June 26, 2018, and the judgment became final and conclusive on December 14, 2018.

Before the last sentence of the evidence, “1. Before the judgment: The search and judgment of the Supreme Court in the Komnet case ( Busan District Court Decision 2018 Godan 1775, Busan District Court).

arrow