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(영문) 춘천지방법원 강릉지원 2015.07.02 2015노198
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months, respectively.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (in case of Defendant A, 10 months of imprisonment in case of Defendant A, and Defendant B, 6 months of imprisonment in case of Defendant B) is too unreasonable.

2. The head of the illegal game room needs to strictly punish the citizens because he/she has great harm and injury to society and has not been cut off to continuous control by encouraging excessive speculation.

However, in full view of the following: (a) the Defendants recognized all of their criminal acts; (b) there is no criminal history exceeding the fine; (c) Defendant A has been sentenced one time to a fine for the same kind of crime; (d) Defendant B was aiding and abetting the instant criminal act; and (e) the period of operation of each illegal game room in the instant case is relatively short; and (e) other various sentencing conditions in the instant case, including the Defendants’ age, character and conduct, circumstances leading to the instant criminal act, means and consequence; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment against the Defendants is unreasonable.

Therefore, the defendants' arguments are justified.

3. The lower judgment is entirely reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the Defendants’ appeal is with merit, and the following judgment is rendered again after pleading.

[C] The Criminal facts and the summary of the evidence admitted by the court and the summary of the facts charged and the evidence are identical to the description of the judgment of the court below, except for the correction of the "game proprietor" of the 3th 12th 12 acts as the "game room", and the 4th 10 acts as the "establishment" and the "establishment" of the 10th 10 acts as the "game room," and thus, they are quoted as it is in accordance

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act (as to the facts constituting a crime under the first instance judgment No. 2014dan173 of the original judgment), and Articles 44(1)2, 32(1)1 and 7 of the Game Industry Promotion Act

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