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(영문) 춘천지방법원 2020.04.24 2019노52
게임산업진흥에관한법률위반
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (the imprisonment of 10 months, the imprisonment of 10 months, 2 months, and 2 years of suspended execution) is too unreasonable.

Judgment

A. The act of exchanging the outcome obtained through the use of the game product of this case against Defendant A in real money is an act that stimulates the public speculation, and there is a need for punishment because the harm to society exists. The game machine of this case is not smaller than 70 games in total; it is recognized that the degree of participation of the defendant as an accomplice is very significant; the defendant does not have the previous one; the defendant is led to the confession of the defendant; the defendant does not have any previous one; the defendant has his mistake in depth; the crime of this case seems to have been used in a relatively low speculative game; the crime of this case is short of the duration of the crime of this case and the defendant does not have any profit gained by the crime of this case; other various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstances leading to each crime of this case, circumstances before and after the crime of this case, etc. are considered as inappropriate.

B. In light of the conditions of sentencing as indicated in the records and arguments of this case regarding Defendant B and C, and the reasons for sentencing of the lower judgment, even if considering all the circumstances alleged by the Defendants as the grounds for appeal, it cannot be deemed that the lower court’s sentence is unreasonable.

The Defendants’ assertion of unfair sentencing is not accepted.

Thus, since the appeal by the defendant A is well-grounded, the part concerning the defendant A among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and is judged as follows. Since the appeal by the defendant B and C is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

[Judgment used again against Defendant A] The summary of criminal facts and evidence recognized by this Court.

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